BILL NUMBER: AB 3245 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bordonaro
FEBRUARY 23, 1996
An act to amend Sections 355, 1052, 3031, 6596, 7120, 7652, 7852,
7881, 7921, 8100, 8231, 8233, 8254, 8275, 8280.1, 8280.2, 8300.1,
8394, 8396, 8397, 8500, 8561, 8567, 8597, 8598, 8598.3, 8842, 9001,
9001.5, 9001.6, 9006, and 9054 of, to add Sections 316.5, 7601, 7857,
and 7858 to, and to repeal Section 8300.1 of, the Fish and Game
Code, relating to fish and game, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 3245, as introduced, Bordonaro. Fish and game.
(1) Under existing law, the Fish and Game Commission is authorized
to adopt regulations to conform California laws relating to the
taking or possession of Pacific halibut and migratory birds to
specified federal laws, and the Director of Fish and Game is
authorized to adopt regulations suspending California laws relating
to commercial fishing for one year to conform them to certain federal
fishery management plans.
This bill would authorize the commission to adopt regulations to
conform California laws relating to the taking or possession of
salmon to federal law, and would delete the one-year limitation on
those regulations adopted by the director. The bill would exempt the
regulations adopted by the director from the Administrative
Procedure Act.
(2) Under existing law, transferring any license, license tag,
license stamp, permit, application, or reservation or predating and
postdating any license, license tag, or permit is a misdemeanor.
Existing law also provides the valid period for certain commercial
fishing licenses and permits and commercial boat registration.
This bill would expressly make the prohibition on predating or
postdating licenses, license tags, or permits inapplicable to the
date of a single-day nonresident sportfishing license and a
single-day sport ocean fin fishing license. The bill would exclude
the single-day fishing licenses from the requirement for an ocean
enhancement stamp to take fish from ocean waters south of Point
Arguello for purposes other than for profit. This bill would make
commercial licenses and permits to take, possess, or land fish for
commercial purposes, except certain commercial fish business
licenses, valid from April 1 to March 30 of the next following year.
The bill would also provide other general conditions applicable to
commercial licenses and permits, other than fish business licenses,
including conditions prohibiting the transfer and providing for the
revocation of the commercial license or permit.
Because existing law would make a violation of the conditions a
crime, the bill would thereby impose a state-mandated local program
by creating and changing the definition of a crime.
(3) Under existing law, the hunting license fee for a resident of
this state under the age of 16 years is $4, as adjusted, and the fee
for a hunting license for any nonresident is $59, as adjusted.
This bill would make the fee for a hunting license for a
nonresident under the age of 16 years $4, as adjusted.
(4) Under existing law, it is a misdemeanor to possess more than
one daily bag limit of any fish taken under a license to take fish
for purposes other than for profit, as specified.
This bill would exempt possession authorized by certain
regulations adopted by the commission.
(5) Under existing law, the owner of a vessel is defined for
purposes of certain commercial fishing laws.
This bill would define "owner" and "vessel owner" for purposes of
commercial fishing laws generally.
(6) Existing law prohibits taking or possessing certain fish for
commercial purposes, including brown smoothhound sharks.
This bill would limit that prohibition to brown smoothhound sharks
that are less than 18 inches in a whole condition or dressed with
head and tail removed.
(7) Existing law, generally, authorizes taking of finfish for
commercial purposes with traps pursuant to a finfish trap permit.
Existing law authorizes taking of hagfish for commercial purposes
under a hagfish permit, limits that taking to taking with traps, and
excludes the taking of hagfish from the general trap permit.
This bill would conform the general finfish trap provisions to
exclude taking of a hagfish under a hagfish permit from its
requirements and, additionally, would limit the use of Korean traps,
as defined, to the taking of hagfish. Because existing law would
make a violation of the trap limitation a crime, the bill would
impose a state-mandated local program.
(8) Existing law continuously appropriates the money in the Fish
and Game Preservation Fund to the Department of Fish and Game and the
commission to carry out the Fish and Game Code.
Because this bill would impose new duties on the department and
the commission, the bill would make an appropriation.
(9) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 316.5 is added to the Fish and Game Code, to
read:
316.5. The commission may prohibit the taking or possessing of
salmon in the same manner as the taking or possessing of salmon is
prohibited by federal law or by rules or regulations adopted by the
Pacific Fisheries Management Council, notwithstanding any other
provision of this code.
SEC. 2. Section 355 of the Fish and Game Code is amended to read:
355. The commission may, annually, promulgate
adopt regulations pertaining to migratory birds to conform
with or to further restrict the rules and regulations prescribed
pursuant to the Migratory Bird Treaty Act.
Regulations adopted under this section are not subject to Sections
11343.4, 11346.1, 11346.4, and 11346.8 of the Government Code.
Every regulation of the commission made
adopted pursuant to this article shall be filed with the
Secretary of State, and shall become effective upon filing unless
otherwise specified in the regulations.
SEC. 3. Section 1052 of the Fish and Game Code is amended to read:
1052. It is unlawful for any person to do any of the following:
(a) Transfer any license, license tag, license stamp, permit,
application, or reservation.
(b) Use , or possess any license, license tag,
license stamp, permit, application, or reservation which
that was not lawfully issued to the user thereof
or which that was obtained by fraud,
deceit, or the use of a fake or counterfeit application form.
(c) Use or possess any fake or counterfeit license, license tag,
license stamp, permit, permit application form, band, or seal, made
or used for the purpose of evading any of the provisions of this
code, or regulations adopted pursuant thereto.
(d) Predate or postdate any license, license tag, or permit.
This subdivision does not apply to the effective date of a license
issued pursuant to paragraph (4) of subdivision (a) of Section 7149
or subdivision (c) of Section 7149.
(e) Alter, mutilate, deface, duplicate, or counterfeit any
license, license tag, permit, permit application form, band, or seal,
or entries thereon, to evade the provisions of this code, or any
regulations adopted pursuant thereto.
SEC. 4. Section 3031 of the Fish and Game Code is amended to read:
3031. (a) A hunting license , granting the
privilege to take birds and mammals , shall be
issued to any of the following :
(1) To any A resident of this state,
over the age of 16 years, upon the payment of a base fee of
seventeen dollars ($17), as adjusted under Section 713.
(2) To any resident of this state, A
person under the age of 16 years, upon the payment of a base fee of
four dollars ($4), as adjusted under Section 713.
(3) To any A person not a resident
of this state, over the age of 16 years, upon the payment
of a base fee of fifty-nine dollars ($59), as adjusted under Section
713.
(4) To any A person not a resident
of this state, valid for one day and only for the taking of
domesticated game birds and pheasants while on the premises of a
licensed pheasant club, or for the taking of domesticated migratory
game birds on areas licensed for shooting those birds, upon the
payment of a base fee of eight dollars ($8), as adjusted under
Section 713.
(5) To any A person not a resident
of this state, valid only at an organizational field trial under
Section 3510, upon the payment of a base fee of fifteen dollars
($15), as adjusted under Section 713.
(b) The adjustment of the base fees under Section 713 which are
specified in subdivisions (a) to (d)
paragraphs (1) to (5) , inclusive, of this section,
shall be subdivision (a) are applicable to the
hunting license years beginning on and after July 1, 1988.
(c) This section shall become operative on July 1, 1987.
SEC. 5. Section 6596 of the Fish and Game Code is amended to read:
6596. (a) In addition to a valid California fishing license
issued pursuant to Section 7149 and any other applicable
license stamp issued pursuant to this code, a person taking fish from
ocean waters south of a line extending due west from Point Arguello
for sport purposes other than for profit
shall have permanently affixed to his or her annual
sportfishing or sport ocean fishing license an ocean fishing
enhancement stamp. A license stamp issued under this subdivision
shall be issued for the following fees:
(1) A stamp for an annual sportfishing or sport ocean fishing
license, a fee of two dollars and fifty cents ($2.50).
(2) A stamp for each single day sportfishing or sport ocean fin
fishing license, a fee of fifty cents ($0.50).
(b) In addition to a valid California commercial passenger fishing
boat license issued pursuant to Section 7920, the owner of any boat
or vessel who, for profit, permits any person to fish therefrom,
south of a line extending due west from Point Arguello, shall
obtain and permanently affix have permanently
affixed to the license a commercial ocean fishing enhancement
stamp which may be obtained from shall be
issued by the department upon payment of a fee of twenty-five
dollars ($25).
(c) In addition to a valid California commercial fishing license
issued pursuant to Section 7852, a person who lands, or causes to be
brought ashore, any white sea bass, south of a line extending due
west from Point Arguello, shall obtain and permanently affix
have permanently affixed to the
his or her commercial fishing license a
commercial ocean fishing enhancement stamp which may be
obtained from shall be issued by the department
upon payment of a fee of twenty-five dollars ($25).
SEC. 6. Section 7120 of the Fish and Game Code is amended to read:
7120. It is unlawful for any person to possess more than one
daily bag limit of any fish taken under a sport fishing
license issued pursuant to Section 7149 unless
authorized by regulations adopted by the commission pursuant to
Section 206 .
SEC. 7. Section 7601 is added to the Fish and Game Code, to read:
7601. "Owner" or "vessel owner" means the person or persons
designated as the registered owner of a vessel on a certificate of
documentation issued by the United States Coast Guard or on a copy of
the vessel registration issued by the vessel registration agency of
the state where the owner is a resident. For purposes of this
section, the vessel registration agency in California is the
Department of Motor Vehicles.
SEC. 8. Section 7652 of the Fish and Game Code is amended to read:
7652. Upon the preparation by the council, and the recommendation
by the council to the secretary, of a fishery management plan or
amendment thereto pursuant to the act, or upon the approval by the
secretary of a fishery management plan, or amendment thereto,
pursuant to the act, the director may do the following to conform
state law or regulations of the commission to the fishery management
plan, or amendment thereto, if the director finds that the action is
necessary to achieve optimum yield in California and that it is
necessary to avoid a substantial and adverse effect on the plan by
that state law or the regulations in order to continue state
jurisdiction pursuant to Section 1856 of the act:
(a) Adopt regulations that would make inoperative for up
to one year any statute or regulation of the commission,
including, but not limited to, statutes or regulations regulating bag
limits, methods of take taking , and
seasons for taking of fish for commercial purposes.
Any regulation adopted by the director pursuant to this
subdivision shall specify the particular statute or regulation of the
commission to be inoperative.
(b) Adopt regulations effective for up to one year
governing phases of the taking of fish for commercial
purposes which that are not presently
regulated by statute or regulation of the commission.
(c) Adopt regulations effective for up to one year
governing phases of the taking of fish for commercial
purposes which that are presently
regulated by statute or regulation of the commission, but
only if the statutes or regulations are first made inoperative
pursuant to subdivision (a) for the effective period of the
regulations adopted by the director pursuant to this subdivision
.
(d) Chapter 3.5 (commencing with Section 11340) of Division 3 of
Title 2 of the Government Code does not apply to this article.
SEC. 9. Section 7852 of the Fish and Game Code is amended to read:
7852. (a) A commercial fishing license is valid from
April 1 to March 31 of the year following, or, if issued after the
beginning of that term, for the remainder thereof.
(b) Except as provided in subdivision (a) of Section
7852.3, the department shall issue a commercial fishing license for a
fee of fifty dollars ($50) for each resident vessel crewmember.
(c)
(b) The department shall issue a commercial fishing license
for a fee of ninety dollars ($90) for each resident vessel operator.
Any person who obtains has a license
issued pursuant to this subdivision that has not been
suspended or revoked may also serve as a vessel crewmember.
Unless all persons are licensed as nonresident operators or
crewmembers pursuant to subdivision (d) (c)
, at least one person aboard each commercial fishing vessel
during any fishing operation shall possess
have a commercial fishing license issued pursuant to this
subdivision that has not been suspended or revoked .
(d)
(c) The department shall issue a commercial fishing license
for a fee of one hundred fifty dollars ($150) for a nonresident
vessel crewmember or nonresident vessel operator.
(e)
(d) The commercial fishing license shall be in the licensee'
s possession, or immediately available to the licensee, at all times
when engaged in any activity described in Section 7850 or Article 7
(commencing with Section 8030) for which a commercial fishing license
is required.
SEC. 10. Section 7857 is added to the Fish and Game Code, to read:
7857. Unless otherwise specified, the following conditions apply
to each commercial license or permit issued to take or land fish for
commercial purposes and to each commercial boat registration issued
by the department, except licenses issued pursuant to Article 7
(commencing with Section 8030):
(a) The person to whom a commercial license, other than a
commercial fishing license issued pursuant to Section 7852, or permit
is issued shall have a commercial fishing license issued pursuant to
Section 7852 that is not revoked or suspended.
(b) A commercial license or permit may be suspended or revoked for
a violation of the license or permit conditions as specified in this
code or regulations adopted pursuant thereto.
(c) The person to whom the commercial license or permit is issued
shall be present when fish are being taken or landed.
(d) The commercial license or permit shall be immediately
available for review while fishing activities are being conducted.
(e) Not more than one individual commercial license or permit of a
single type shall be issued to an individual person and not more
than one commercial vessel license or permit of a single type shall
be issued for each vessel.
(f) Any landing of fish used to qualify for, or renew, a
commercial license or permit shall be reported on landing receipts
prepared and delivered to the department pursuant to Article 7.5
(commencing with Section 8040).
(g) In addition to any other requirements in Article 7.5
(commencing with Section 8040), the name of the person issued the
commercial license or permit authorizing the landing of the fish
shall be included on the landing receipt for that landing.
(h) An application for a commercial license or permit shall be
made on a form containing the information the department may require.
(i) Any person who has had a commercial license or permit
suspended or revoked shall not obtain or operate under any other
commercial license or permit of the same type for that fishery while
that suspension or revocation is in effect.
(j) Any person who has had a commercial license or permit
suspended or revoked shall not obtain any other commercial license or
permit of the same type for that fishery, including, but not limited
to, by transfer, lottery, business partnership, employment, or any
other means.
(k) Any person who has had a commercial license or permit
suspended or revoked shall not engage in that fishery, and shall not
obtain any other commercial license or permit that authorizes
engaging in that fishery, while the suspension or revocation is in
effect
(l) A commercial license or permit is not transferable unless
otherwise expressly specified in this code.
(m) Every commercial license, permit, stamp, commercial boat
registration, or other entitlement issued pursuant to this part,
except commercial fish business licenses issued pursuant to Article 7
(commencing with Section 8030), is valid from April 1 to March 30 of
the next following calendar year.
SEC. 11. Section 7858 is added to the Fish and Game Code, to read:
7858. In addition to the conditions specified in Section 7857,
the following conditions apply to a commercial permit to take,
possess, or land fish in a limited entry fishery, as defined in
Section 8100:
(a) The permit shall be renewed annually.
(b) An appeal for the denial of a late renewal application or for
a waiver of any landing requirements shall be reviewed and decided by
the director. The decision of the director may be appealed to the
commission.
SEC. 12. Section 7881 of the Fish and Game Code is amended to
read:
7881. (a) Every person who owns or operates a vessel in public
waters in connection with fishing operations for profit in this
state, or who brings fish into this state, or who, for profit,
permits persons to fish therefrom, shall submit an application for
commercial boat registration on forms provided by the department and
shall be issued a registration number. The application shall contain
information as required by the department for that vessel.
(b) Upon payment of a fee of two hundred dollars ($200) and filing
of the required application by the resident owner or operator of the
vessel or aircraft, the department shall issue a commercial boat
registration which is valid for the period from April 1 to
March 31 of the following year, or, if issued after the beginning of
that term, for the remainder thereof . The commercial
boat registration shall be carried aboard the vessel or
aircraft at all times and posted in a conspicuous place.
(c) Upon payment of a fee of four hundred dollars ($400) and
filing of the required statement by the nonresident owner or operator
of the vessel or aircraft, the department shall issue a commercial
boat registration which is valid for the period from April 1
to March 31 of the year following, or, if issued after the beginning
of that term, for the remainder thereof . The
commercial boat registration shall be carried aboard the vessel
or aircraft at all times and posted in a conspicuous place.
(d) This section does not apply to any boat which
vessel that is rented without an operator,
unless the boat vessel is powered with
an inboard motor, in which case a commercial boat registration is
required.
(e) If a registered vessel is lost, destroyed, or sold, the owner
of the vessel shall immediately report the loss, destruction, or sale
to the department.
SEC. 13. Section 7921 of the Fish and Game Code is amended to
read:
7921. (a) The A commercial passenger
fishing boat license shall be valid during the period
from April 1 to March 31 of the year following, or, if issued after
the beginning of that term, for the remainder thereof, and
issued for a fee of two hundred dollars ($200)
shall be issued to the holder of a certificate of
commercial boat registration issued pursuant to
Section 7881.
(b) This section shall become operative on April 1, 1995.
SEC. 14. Section 8100 of the Fish and Game Code is amended to
read:
8100. "Limited entry fishery" means a fishery in which the number
of persons who may participate or the number of vessels that
may be used in taking a specified species of fish is limited by
statute.
SEC. 15. Section 8231 of the Fish and Game Code is amended to
read:
8231. The following definitions govern the construction of this
article:
(a) "Agent" means the person designated in writing by the owner as
the owner's representative.
(b) "Appeal" means a request for reconsideration of an action of
the review board, the department, or the commission pursuant to this
article.
(c) "Change of ownership" means the transfer of ownership of a
permitted vessel to a new owner.
(d) "Commercial salmon vessel permit" means an annual permit
issued by the department to an owner of a commercial fishing vessel
for use of that vessel to take salmon for commercial purposes and
shall not be considered personal property.
(e) "Fishing potential" means the capability and capacity for
harvesting salmon of a particular commercial fishing vessel.
"Fishing potential" includes, but is not limited to, a rating based
upon factors such as size, seaworthiness, propulsion system, hold
size, and hull design.
(f) "Owner" means the person or persons designated as the
registered owner of a vessel on a certificate of documentation
issued by the United States Coast Guard or on a copy of the vessel
registration issued by the vessel registration agency of the state
where the owner is a resident. For purposes of this subdivision, in
California, the vessel registration agency is the Department of Motor
Vehicles.
(g) "Permit" means a commercial salmon vessel permit as
defined in subdivision (d).
(h)
(g) "Permitted vessel" means a commercial fishing vessel for
which a permit is currently valid.
(i)
(h) "Replacement vessel" means a commercial fishing vessel
for the use of which a permit is proposed to be transferred pursuant
to this article.
(j)
(i) "Review board" means the commercial salmon fishing
review board created pursuant to Section 8247.
(k)
(j) "Transfer" means the issuance of a permit for use of a
replacement vessel.
SEC. 16. Section 8233 of the Fish and Game Code is amended to
read:
8233. A permit is valid from April 1 to the next
succeeding March 31. Except as otherwise provided in this
article, a permit shall be renewed prior to expiration. Each permit
issued by the department shall display the expiration date on the
face of the permit.
SEC. 17. Section 8254 of the Fish and Game Code is amended to
read:
8254. (a) Lobsters may not be taken for commercial purposes
except under a revocable, nontransferable
lobster permit subject to regulations adopted by the
commission.
(b) Every person who takes, assists in taking, possesses, or
transports lobsters for commercial purposes while on any
boat, barge, or vessel, or who uses or operates or assists in using
or operating any boat, net, trap, line, or other appliance to take
lobsters for commercial purposes , shall have a valid
lobster permit issued to that person that has not been revoked
or suspended and shall have that permit in his or her
possession while engaged in any of those activities.
(c) Lobster permits may be issued annually by the
department and shall be valid for the period of the commercial
lobster season. The permit fee for a lobster permit
is two hundred sixty-five dollars ($265). However,
any person who has had a lobster permit revoked may be required by
the commission to appear before it, and no new lobster permit may be
issued to that person unless the commission finds that the issuance
will be in the best interests of lobster fishing.
SEC. 18. Section 8275 of the Fish and Game Code is amended to
read:
8275. Unless the provision or context otherwise requires, the
definitions in this section govern the construction of this article.
(a) "Dungeness crab" or "market crab" means crab of the species
Cancer magister.
(b) "Owner" means the person or persons designated as the
registered owner of a vessel on a certificate of documentation
issued by the United States Coast Guard or on a copy of the vessel
registration issued by the vessel registration agency of the state
where the owner is a resident. For purposes of this subdivision, in
California, the vessel registration agency is the Department of Motor
Vehicles.
(c) "Reconstruction" means major work on the hull of a
vessel to make that vessel operable in the California crab fishery if
that work may reasonably be expected to be of a duration that will
preclude operation of that vessel in the crab fishery for the length
of the crab season or longer.
(d)
(c) "Rock crab" means any crab of the genus Cancer other
than Dungeness crab and includes rock crab (Cancer antennarius), red
crab (Cancer productus), and yellow crab (Cancer anthonyi).
(e)
(d) "Under construction" means having plans and materials
and proceeding with work toward the completion of an operational
Dungeness crab fishing vessel.
SEC. 19. Section 8280.1 of the Fish and Game Code is amended to
read:
8280.1. (a) On or after April 1, 1995, no
No person shall use a vessel to take, possess, or land
Dungeness crab for commercial purposes using Dungeness
crab traps authorized pursuant to Section 9011, unless the owner of
that vessel has been issued a revocable
Dungeness crab vessel permit for that vessel that has
not been suspended or revoked . A Dungeness crab
vessel permit is valid, unless revoked, from April 1 to March 31 of
the year following, or, if issued after April 1, for the remainder
thereof.
(b) A Dungeness crab vessel permit may be issued only to the
following persons for use on qualifying vessels:
(1) A person licensed , who has a
commercial fishing license issued pursuant to Section
7850 7852 or Article 7 (commencing with Section
8030) that has not been suspended or revoked, who is the
owner of a commercial fishing vessel that has been registered with
the department pursuant to Section 7881 in each of the 1991-92,
1992-93, and 1993-94 permit years and a minimum of four landings in
each of three Dungeness crab seasons in the period from November 1,
1984, to April 1, 1994, have been made from that vessel in this state
as documented by landing receipts delivered to the department
pursuant to Section 8046. This paragraph includes any person
purchasing a vessel qualifying pursuant to this paragraph.
(2) A person licensed who has a commercial
fishing license issued pursuant to Section 7850
7852 or Article 7 (commencing with Section 8030)
that has not been suspended or revoked, who is the owner
of a commercial fishing vessel that has been registered with the
department pursuant to Section 7881 in each of the 1991-92, 1992-93,
and 1993-94 permit years and a minimum of four landings in one of the
Dungeness crab seasons in the period from November 1, 1984, to April
1, 1994, have been made from that vessel in this state as documented
by landing receipts delivered to the department pursuant to Section
8046, who the department finds to have been unable, due to illness or
injury or any other hardship, to make a minimum of four landings in
each of two of the previous three Dungeness crab seasons, and who, in
good faith, intended to participate in the Dungeness crab fishery in
those seasons.
(3) A person licensed who has a commercial
fishing license issued pursuant to Section 7850
7852 that has not been suspended or revoked, who
meets the requirements of Section 8101 , and who,
notwithstanding Section 8101, is, at the time of application, the
owner of a fishing vessel that is not equipped for trawling with a
net and that has been registered pursuant to Section 7881 in each of
the 1991-92, 1992-93, and 1993-94 permit years. Not more than one
Dungeness crab vessel permit shall be issued to any person qualifying
under Section 8101 and all permits issued under Section 8101 shall,
notwithstanding paragraph (1) of subdivision (a) of Section 8280.3,
be nontransferable. A person qualifying for a permit under this
paragraph shall have participated in the Dungeness crab fishery on or
before March 31, 1994, as documented by landing receipts that
were prepared in that person's name for not less than four
landings of Dungeness crab taken in a crab trap in a Dungeness crab
season and were delivered to the department pursuant to
Section 8046. No person shall be issued a permit under this
paragraph if that person has been issued a permit under any other
provision of this section for another vessel. For purposes of
Section 8101, "participated in the fishery" means made not less than
four landings of Dungeness crab taken by traps in that person's name
in one Dungeness crab season. The department shall separately
identify permits issued pursuant to this paragraph and those permits
shall become immediately null and void upon the death of the
permittee. The department shall not issue or renew any permit under
this paragraph to a person if the person failed to meet the
participation requirements of four landings in one season prior to
April 1, 1994, or has been issued a Dungeness crab permit for a
vessel under any other paragraph of this subdivision.
(4) A person who has a current commercial
fishing license issued pursuant to Section 7852 (A)
who that has not been suspend or revoked, who meets
one of the following conditions:
(A) The person held a Dungeness crab permit issued
under pursuant to Section 8280 as it read on
April 1, 1994, and who has participated in the
Dungeness crab fishery between November 1, 1984, and April 1, 1994,
and is the owner of a vessel that has been registered with the
department in each of the 1991-92, 1992-93, and 1993-94 permit years
but did not make landings
or the department records do not indicate a minimum of four landings
per season for three Dungeness crab seasons from that vessel or in
that person's name because of a partnership or other working
arrangement where the person was working aboard another vessel
engaged in the Dungeness crab fishery in California , (B)
who .
(B) The person held a Dungeness crab permit issued under
Section 8280 as it read on April 1, 1994, and who
is the owner of a commercial fishing vessel that has been registered
with the department pursuant to Section 7881 in each of the 1991-92,
1992-93, and 1993-94 permit years and from which a minimum of four
landings utilizing traps were made in at least one Dungeness crab
season in the period between November 1, 1984, and April 1, 1994, and
from which either four landings were made utilizing traps or
landings in excess of 10,000 pounds were made utilizing traps in each
of two other Dungeness crab seasons in that same period, as
documented by landing receipts delivered to the department pursuant
to Section 8046 , or (C) who .
(C) The person held a Dungeness crab vessel permit issued
under Section 8280 as it read on April 1, 1994, or was an officer in
a California corporation that was licensed pursuant to Article 7
(Commencing with section 8030) as of April 1, 1994, and began
construction or reconstruction of a vessel on or before January 1,
1992, for the purpose of engaging in the Dungeness crab fishery,
including the purchase of equipment and gear to engage in that
fishery in California. A person may be issued a permit under this
paragraph condition only if the person
intended in good faith to participate in the California Dungeness
crab fishery, and a denial of a permit would
create a financial hardship on that person , and, for
purposes of determining financial hardship, the applicant is a
nonresident and cannot participate with his or her vessel or vessels
in the Dungeness crab fishery of another state because of that state'
s limited entry or moratorium on the issuance of permits for the
taking of Dungeness crab.
(5) A person who has a current commercial
fishing license issued pursuant to Section 7852 that has
not been suspended or revoked, who held a Dungeness crab permit
issued under Section 8280 as it read on April 1, 1994, and
who made a minimum of four landings of Dungeness crab taken
by traps in each of three Dungeness crab seasons in the period from
November 1, 1984, to April 1, 1994, in his or her name in this state
from a vessel owned by that person, as documented by landing receipts
delivered to the department pursuant to Section 8046, and
who, between April 1, 1991, and January 1, 1995, purchased,
contracted to purchase, or constructed a vessel, not otherwise
qualifying pursuant to paragraph (1), (2), or (4), and
who has continuously owned that vessel since its purchase
or construction, and who either (A) has used that vessel
for the take of Dungeness crab in this state on or before March 31,
1995, as documented by one or more landing receipts delivered to the
department pursuant to Section 8046, or (B) intended in good faith,
based on evidence that the department and the review panel may
require, including investment in crab gear, to enter that vessel in
this state's Dungeness crab fishery not later than December 1, 1995.
Not more than one permit may be issued to any one person under this
paragraph.
(6) A person who held a Dungeness crab permit issued under Section
8280 as it read on April 1, 1994, and who made a
minimum of four landings utilizing traps in this state in each of
three Dungeness crab seasons in the period between November 1, 1984,
and April 1, 1994, in his or her name from a vessel operated by that
person as documented by landing receipts delivered to the department
pursuant to Section 8046, who currently does not own a vessel in his
or her name, and who has not sold or transferred a vessel otherwise
qualifying for a permit under this section , may be issued a
. A permit may be issued under this
paragraph for a vessel not greater in size than the vessel from
which the previous landings were made, and, in no event, for a
vessel of more than 60 feet overall length, to be placed on a vessel
that the person purchases or contracts for construction on or before
April 1, 1996. Permits A permit issued
under this paragraph shall be nontransferable and shall not be used
for a vessel not owned by that person, and shall be revoked if the
person (A) fails to renew the permit or annually renew his or her
commercial fishing license issued pursuant to Section 7852
or (B) is or becomes the owner of another vessel permitted to
operate in the Dungeness crab fishery pursuant to this section.
(c) The department may require affidavits offered under penalty of
perjury from persons applying for permits under subdivision (b) or
from witnesses corroborating the statements of a person applying for
a Dungeness crab vessel permit. Affidavits offered under penalty of
perjury shall be required of an applicant if the department cannot
locate records required to qualify under subdivision (b).
(d) No person shall be issued a Dungeness crab vessel permit under
this section for any vessel or renew any vessel permit for any
vessel under this section unless that person is currently
licensed has a commercial fishing license issued
pursuant to Section 7852 that has not been suspended or revoked
.
(e) Notwithstanding Section 7852.2 or subdivision (e) of Section
8280.2, the department may issue a Dungeness crab vessel permit that
has not been applied for by the application deadline if the
department finds that the failure to apply was a result of a mistake
or hardship, as established by evidence the department may require,
the late application is made not later than October 15, 1995, and
payment is made by the applicant of a late fee of two hundred fifty
dollars ($250) in addition to all other costs
fees for the permit.
(f) The department may waive the requirement that a person own a
commercial fishing vessel that has been registered with the
department pursuant to Section 7881 in each of the 1991-92, 1992-93,
and 1993-94 permit years for one of those required years under this
section only if the vessel was registered and used in the California
Dungeness crab fishery during the registration year immediately prior
to the year for which the waiver is sought and was registered and
used in the California Dungeness crab fishery after the year for
which the waiver is sought and if the reason for the failure to
register in the year for which the waiver is sought was due to a
death, illness, or injury, or other hardship, as determined by the
review panel, that prevented the vessel from being registered and
operated in the fishery for that registration year.
(g) If any person submits false information for the purposes of
obtaining a Dungeness crab vessel permit under this section, the
department shall revoke that permit, if issued, revoke the person's
commercial fishing license that was issued pursuant to Section 7850
for a period of not less than five years, and revoke the commercial
boat registration for a period of not less than five years of any
vessel registered to that person pursuant to Section 7881 of which
that person is the owner.
(h) This section shall become inoperative on April 1, 2001, and,
as of January 1, 2002, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2002, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 20. Section 8280.2 of the Fish and Game Code is amended to
read:
8280.2. (a) The owner of a Dungeness crab vessel, for purposes of
this section, may include a person with a bona fide contract for the
purchase of a vessel who otherwise meets all other qualifications
for a Dungeness crab vessel permit. If a contract is found to be
fraudulent or written or entered into for the purposes of
circumventing qualification criteria for the issuance of a permit,
the applicant shall be permanently ineligible for a Dungeness crab
vessel permit.
(b) A Dungeness crab vessel permit shall be issued only to the
person owning the vessel at the time of application for that permit.
No person shall be issued more than one permit for each vessel owned
by that person and qualifying for a permit pursuant to Section
8280.1.
(c) A Dungeness crab vessel permit shall be issued only to the
owner of a vessel taking crab by traps. No permit shall be issued to
the owner of a vessel using trawl or other nets unless the owner of
that vessel qualifies for a permit pursuant to paragraph (1) of
subdivision (b) of Section 8280.1. No trawl or other net vessel
authorized under this code to take Dungeness crab incidental to the
taking of fish in trawl or other nets shall be required to possess a
Dungeness crab vessel permit.
(d) Dungeness crab vessel permits shall not be combined or
otherwise aggregated for the purpose of replacing smaller vessels in
the fishery with a larger vessel, and a permit shall not be divided
or otherwise separated for the purpose of replacing a vessel in the
fishery with two or more smaller vessels.
(e) All Subject to Section 7852.2, all
applications for Dungeness crab vessel permits shall be
received by the department or, if mailed, postmarked, by April 30,
1995. Persons qualifying for a Dungeness crab vessel permit under
paragraph (4) or (5) of subdivision (b) of Section 8280.1 seeking a
Dungeness crab vessel permit shall apply for the permit
within 30 days of the effective date of the amendment of this section
enacted in the 1995 portion of the 1995-96 Regular Session
on or before November 15, 1995 . Renewals
Notwithstanding Section 7852.2, applications for
renewal of all dungeness crab vessel permits shall be received
by the department, or, if mailed, postmarked, by April 30 of each
year. In order for a vessel to retain eligibility, a permit shall be
obtained each year subsequent to the initial permit year and the
vessel shall be registered pursuant to Section 7881. No minimum
landings of Dungeness crab shall be required annually to be eligible
for a Dungeness crab vessel permit.
(f) This section shall become inoperative on April 1, 2001, and,
as of January 1, 2002, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2002, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 21. Section 8300.1 of the Fish and Game Code, as added by
Chapter 1216 of the Statutes of 1992, is amended to read:
8300.1. (a) Abalone shall not be taken for
commercial purposes except under a revocable
an abalone diving permit issued by the department
under that has not been suspended or revoked, subject
to regulations adopted by the commission. The diving permit
fee is three hundred thirty dollars ($330).
SEC. 22. Section 8300.1 of the Fish and Game Code, as added by
Chapter 701 of the Statutes of 1992, is repealed.
8300.1. (a) Abalone shall not be taken for commercial purposes
except under a revocable abalone diving permit or crewmember permit
issued by the department under regulations adopted by the commission.
The diving permit fee is three hundred thirty dollars ($330). The
crewmember permit fee is thirty-three dollars ($33).
(b) This section shall become operative on April 1, 1993.
SEC. 23. Section 8394 of the Fish and Game Code is amended to
read:
8394. Swordfish may be taken only under a revocable,
nontransferable permit issued by the department that
has not been revoked or suspended, subject to such
regulations as adopted by the
commission shall prescribe .
SEC. 24. Section 8396 of the Fish and Game Code is amended to
read:
8396. (a) The owner or operator of a commercial fishing vessel
and all divers taking sea cucumbers for commercial purposes shall
obtain have a revocable sea cucumber
permit issued to that person that has not been revoked or
suspended and shall be in possession of the permit when engaged
in those activities.
(b) To qualify for a permit an applicant shall meet both
of the following criteria:
(1) Prove prove to the director's
satisfaction that the applicant landed a minimum of 50 pounds of sea
cucumbers during any calendar year, or portion thereof, from January
1, 1988, to June 30, 1991, inclusive.
(2) Landings used to qualify applicants for sea cucumber permits
shall have been reported to the department as required by Section
8043, with the name of the applicant shown on the receipt.
(c) In order to renew a sea cucumber permit, an applicant shall
have been issued a sea cucumber permit in the immediately preceding
year.
(d) Permits are nontransferable. Not more than one permit shall
be issued to any person.
(e)
(c) The fee for a sea cucumber permits
permit shall be two hundred fifty dollars
($250).
(f) Sea cucumber permits shall be valid from April 1 through March
31 of the following year, or if issued after the beginning of such
term, for the remainder thereof.
(g)
(d) Each permittee shall complete and submit an accurate
record of all sea cucumber fishing activities on forms provided by
the department.
(h) Permitholders, their agents, employees, or those acting under
their direction or control, shall comply with all applicable
provisions of this code relating to commercial fishing and any
regulations adopted pursuant thereto.
(i)
(e) Any person who can demonstrate to the satisfaction of
the department on or before April 1, 1995, that he or she had a
vessel and trawl gear capable of fishing for sea cucumbers under a
purchase contract, construction, or conversion between January 1,
1992, and May 1, 1992, and who otherwise was unable to meet the
minimum landing requirements, may appeal the denial of a sea cucumber
permit under this section to the director. The person shall provide
proof of the purchase contract, construction, or conversion based on
the submission of documents satisfactory to the department that may
include, but are not limited to, canceled checks, receipts, and
contracts and that substantiate the claimant's appeal. The appeal
shall be in a form prescribed by the department. Appeals that are
postmarked or presented after April 1, 1995, shall not be considered.
(j)
(f) This section shall become inoperative on April 1, 1998,
and as of January 1, 1999, is repealed, unless a later enacted
statute, which becomes effective on or before January 1, 1999,
deletes or extends the dates on which it becomes inoperative and is
repealed.
SEC. 25. Section 8397 of the Fish and Game Code is amended to
read:
8397. (a) If this section is operative as provided in Section
8397.1, the owner or operator of a commercial fishing vessel taking
hagfish for commercial purposes shall obtain
have a revocable hagfish permit issued
to that person that has not been revoked or suspended and shall
be in possession of the permit when engaged in those activities.
(b) The department shall issue permits to the owner or operator of
a currently registered commercial fishing vessel
registered pursuant to Section 7881 .
(c) Permits are nontransferable. Not more than one
permit shall be issued to any person.
(d) The fee for a hagfish permits
permit shall be two hundred fifty dollars
($250).
(e) Hagfish permits shall be valid from April 1 through March 31
of the following year, or if issued after the beginning of such term,
for the remainder thereof.
(f)
(d) Each permittee shall complete and submit an accurate
record of all hagfish fishing activities on forms provided by the
department.
(1) Hagfish may only be taken with traps, subject to Article 1
(commencing with Section 9000) of Chapter 4 , except that
a hagfish fisherman operating under a hagfish permit is not required
to possess a general trap permit pursuant to Section 9001.
(2) The number of traps that may be possessed aboard and used by
any fishing vessel operating under a hagfish permit shall not exceed
1,200 Korean traps or 300 of any other type of trap. No fishing
vessel operating under a hagfish permit may possess both Korean traps
and other types of traps aboard the vessel at the same time. As
used in this paragraph, "Korean trap" means a molded plastic
cylinder, not exceeding 6 inches in diameter and 24 inches in length.
(g) Permitholders, their agents or employees, or those acting
under their direction or control, shall comply with all applicable
provisions of this code relating to commercial fishing, and any
regulations adopted pursuant thereto.
(h)
(e) This section shall become inoperative on April 1, 1998,
and as of January 1, 1999, is repealed, unless a later enacted
statute, which becomes effective on or before January 1, 1999,
deletes or extends the dates on which it becomes inoperative and is
repealed.
SEC. 26. Section 8500 of the Fish and Game Code is amended to
read:
8500. Except as otherwise expressly permitted in this chapter, no
mollusks, crustaceans, or other invertebrates may be taken for
commercial purposes by any person in any tide pool or
tidal area, including tide flats or other areas between the high
tidemark and 1,000 feet beyond the low tidemark, without a
revocable unless the person has a permit issued
by the department that has not been suspended or revoked .
The taking of mollusks, crustaceans, or other invertebrates
pursuant to this section shall be under
subject to regulations adopted by the commission.
SEC. 27. Section 8561 of the Fish and Game Code is amended to
read:
8561. (a) Notwithstanding Sections 8394 and 8603, shark and
swordfish may not be taken for commercial purposes with drift gill
nets except under by any person unless that
person has a revocable drift gill net shark
and swordfish permit issued annually by the department
that has not been suspended or revoked . These
permits shall be revoked or suspended by the director upon a
conviction for a willful violation of any provision of this article,
Article 1 (commencing with Section 8601) or Article 5 (commencing
with Section 8680) of Chapter 3 , or violation of any
condition of the permit by the permittee or the permittee's agent,
servant, employee, or person acting under the permittee's direction
or control .
(b) A drift gill net shark and swordfish permit shall not be
required for the taking of sharks with drift gill nets with a mesh
size smaller than eight inches in stretched mesh and twine size no.
18 or the equivalent of this twine size or smaller.
SEC. 28. Section 8567 of the Fish and Game Code is amended to
read:
8567. A drift gill net shark and swordfish permit shall
be valid, unless revoked, from April 1 to March 31 of the following
year or, if issued after the beginning of that term, for the
remainder thereof. The fee for this
a drift gill net shark and swordfish permit shall be three
hundred thirty dollars ($330).
SEC. 29. Section 8597 of the Fish and Game Code is amended to
read:
8597. (a) It is unlawful for any person to take or possess for
marine aquaria pet trade purposes any live organisms identified in
subdivision (b), unless the person has obtained a
nontransferable marine aquaria collector's permit
issued annually by the department that has
not been suspended or revoked . The marine aquaria collector's
permit shall be in the possession of the permittee when he or she is
engaged in activities authorized by this article.
(b) Except as provided in Section 8598.2, specimens of the
following groups or species may be collected under a marine aquaria
collector's permit:
(1) Marine plants:
(A) Chlorophyta.
(B) Phaeophyta.
(C) Rhodophyta.
(D) Spermatophyta, all species.
(2) Invertebrates:
(A) Polychaeta--worms; all species.
(B) Crustacea--shrimp, crabs; all species, except the following:
(i) Dungeness crab--Cancer magister.
(ii) Yellow crab--Cancer anthonyi.
(iii) Red crab--Cancer productus.
(iv) Sheep crab--Loxorhyuchus grandis.
(v) Spot prawn--Pandalus platyceros.
(vi) Ridgeback prawn--Sicyonia ingentis.
(vii) Golden prawn--Penaeus californiensis.
(viii) Sand crab--Emerita analoga.
(ix) Redrock shrimp--Lysmata californica.
(x) Bay shrimp--Crangon sp. and Palaemon macrodactylus.
(xi) Ghost shrimp--Callianassa sp.
(C) Asteroidea--Sea stars; all species.
(D) Ophiuroidea--Brittle stars; all species.
(E) Gastropoda--snails, limpets, sea slugs; all species, except
Kellet's whelk--Kelletia kelletii.
(F) Bivalvia--clams and mussels; all species.
(G) Polyplacophora--Chitons; all species.
(H) Cephalopoda--Octopuses and squids; all species, except two
spot octopuses--octopus bimaculatus and octopus maculoides--and
Market squid--Loligo opalescens.
(I) Tunicata--Sea squirts; all species.
(3) Vertebrates:
(A) Osteichthyes--Fin fishes; all species, except the following:
(i) Rockfish--sebastes sp. larger than six inches total length.
(ii) Sheephead--semicossyphus pulcher larger than six inches total
length.
(iii) Anchovy--Engraulis mordax.
(iv) Sardine--Sardinops sagax.
(v) Pacific/Chub mackerel--Scomber japonicus.
(vi) Jack mackerel--Trachurus symmetricus.
(vii) Queenfish--Seriphus politus.
(viii) White Croaker--Seriphus genyonemus lineatus.
(ix) Top smelt--Atherinops affinis.
(x) Grunion--Leuresthes tenuis.
(xi) Shiner surf perch--Cymatogaster aggregata.
(xii) Longjawed mudsucker--Gillichthys mirabilis.
(B) Chondrichthyes--sharks, rays, and skates; all species less
than 18 inches total length.
(c) The holder of a permit issued pursuant to this
section shall be present whenever collecting under this section is
being conducted and until all organisms collected are landed.
(d) The holder of a permit issued pursuant to this
section is not required to obtain or possess a kelp harvester's
license issued pursuant to Section 6651, a tidal invertebrate permit
issued pursuant to Section 8500, or a trap permit issued pursuant to
Article 1 (commencing with Section 9000) of Chapter 4, when taking or
possessing live organisms for marine aquaria pet trade purposes
pursuant to subdivision (b), subject to regulations governing the
taking of tidal invertebrates. The commission shall adopt
regulations to implement this subdivision, and, for that purpose, may
incorporate other regulations by reference.
SEC. 30. Section 8598 of the Fish and Game Code is amended to
read:
8598. (a) Notwithstanding Section 8140 or subdivision (b) of
Section 8597, specimens of the following groups or species shall not
be taken or possessed for commercial purposes:
(1) Invertebrates:
(A) Phylum Porifera--all sponges.
(B) Genus Pelagia sp.--jellyfish.
(C) Coelenterata--corals, anemones; all species.
(D) Order Gorgonacea--all gorgonians.
(E) Order Pennatulacea--all species, except Renilla kollikeri.
(F) Feather-duster worm--Eudistylia polymorpha.
(G) Fiddler crab--Uca crenulata.
(H) Umbrella crab--Cryptolithodes sitchensis.
(I) Stalked or goose barnacles--Pollicipes sp.
(J) Giant acorn barnacle--Balanus nubilus or B. aguila.
(K) Owl limpet--Lottia gigantea.
(L) Coffee bean shells--Trivia sp.
(M) Three-winged murex--Pteropurpura trialata.
(N) Vidler's simnia--Simnia vidleri.
(O) Queen tegula--Tegula regina.
(P) Opisthobranchia (including nudibranchs)--all subclass
Opisthobranchia species except:
(i) Sea hares--Aplysia californica and Aplysia vaccaria.
(ii) Hermissenda crassicornis.
(iii) Lion's mouth--Melibe leonina.
(iv) Aeolidia papillosa.
(v) Spanish shawl--Flabellina iodinea.
(2) Vertebrates:
(A) All shark and ray eggcases.
(B) Brown smoothhound sharks--Mustelus hinlei --that are less
than 18 inches in a whole condition or dressed with head and tail
removed .
(C) Family Agonidae--all poachers.
(D) Wolf-eel--Anarrhichthys ocellatus.
(E) Juvenile sheephead--Semicossyphus pulcher (under 6 inches).
(F) Garibaldi--Hypsypops rubicundus, except as provided in
subdivision (b).
(3) Live rocks.
(A) Rocks with living organisms attached, commonly called "live
rocks," shall not be taken or possessed except as provided in
subparagraph (C).
(B) Rocks shall not be broken to take marine aquaria species, and
any rock displaced to access any of those species shall be returned
to its original position.
(C) Rocks cultured under the authority of an aquaculture
registration may be possessed.
(b) Garibaldi--Hypsypops rubicundus may not be taken or possessed
under a marine aquaria collector's permit until February 1, 1999,
unless a study, the methodology of which is approved by the
department, shows a less than significant impact on the population of
the garibaldi resource from that taking. On and after February 1,
1999, garibaldi may be taken or possessed under that permit for
marine aquaria pet trade purposes only from October 31 to February 1,
inclusive.
(c) No organisms may be taken for marine aquaria pet trade
purposes under the terms of a marine aquaria collector's permit in
any of the following areas:
(1) On the north side of Santa Catalina Island from a line
extending three nautical miles 90 degrees true from Church Rock to a
line extending three nautical miles 270 degrees true from the extreme
west end of the island.
(2) On the south or "back" side of Santa Catalina Island from a
line extending three nautical miles 90 degrees true from Church Rock
to a line extending three nautical miles 270 degrees true from the
extreme west end of the island.
(3) Marine life refuges, marine reserves, ecological reserves, and
state reserves.
SEC. 31. Section 8598.3 of the Fish and Game Code is amended to
read:
8598.3. (a) An applicant for a marine aquaria
collector's permit shall be a commercial fisherman licensed pursuant
to Section 7850.
(b) If a vessel is used in the taking or transporting of species
identified in subdivision (a) of Section 8597 for commercial
purposes, the vessel shall be registered pursuant to Section 7881.
(c) An application for a marine aquaria collector's
permit shall be made on the forms and contain the information that
the department may require. Except as provided in subdivision
(d) (c) of Section 8597, the
requirement for a marine aquaria collector's permit is in addition to
any other commercial fishing requirements.
(d)
(b) The fee for a marine aquaria collector's permit shall be
three hundred thirty dollars ($330).
(e) A marine aquaria collector's permit shall be valid from April
1 to March 31, inclusive, of the following year, or, if issued after
the beginning of that term, for the remainder thereof.
(f)
(c) A person engaged in taking or possessing marine species
under a marine aquaria collector's permit shall not take or possess
any species under the authority of a scientific collector's permit
issued pursuant to Section 1002, 5515, or 10660 on the same fishing
trip.
SEC. 32. Section 8842 of the Fish and Game Code, as amended by
Chapter 935 of the Statutes of 1994, is amended to read:
8842. (a) Trawl nets of a design prescribed by the commission may
be used or possessed to take shrimps or prawns under a
revocable permit issued by the department under regulations
that adopted by the commission
shall prescribe .
Sections 8831, 8833, 8835, and 8836 do not apply to trawl nets
used or possessed under a permit issued pursuant to this section.
(b) When fishing for pink shrimp (Pandalus jordani) under a permit
issued pursuant to this section, it is unlawful to possess in excess
of 1,500 pounds of incidentally taken fish per calendar day of a
fishing trip, except Pacific whiting, shortbelly rockfish, and
arrowtooth flounder, which may be taken in any amount not in excess
of federal regulations. No Pacific halibut and not more than 150
pounds of California halibut shall be possessed or landed when
fishing under a permit issued pursuant to this section. When fishing
for ridgeback prawn and spotted prawn under a permit issued pursuant
to this section, it is unlawful to possess in excess of 1,000 pounds
of incidentally taken fish per trip.
(c) This section shall become operative on April 1, 1997.
SEC. 33. Section 9001 of the Fish and Game Code is amended to
read:
9001. (a) The department shall issue a revocable,
nontransferable general trap permit authorizing the use of
traps to take fin fish finfish ,
mollusks, or crustaceans for commercial purposes from the ocean
waters of this state.
(b) Any person who operates or assists in operating any trap to
take fin fish finfish, mollusks, or
crustaceans, other than lobster or dungeness crabs, as defined in
Section 8275, or who possesses or transports fin fish
finfish , mollusks, or crustaceans on any boat,
barge, or vessel when any trap is aboard, shall have in his
or her possession a valid general trap
permit issued to him or her pursuant to this section
that person that has not been revoked or suspended
while engaged in any such the
activity.
(c) The fee for the general trap permit shall be established by
the director in an amount not to exceed the cost of administration of
this article, or thirty-five dollars ($35), whichever is more.
(d) The application for a general trap permit under this section
shall contain a statement, signed by the applicant, that he or she
has read, understands, and agrees to be bound by all the terms of the
general trap permit.
(e) This section does not apply to the taking of lobster under
Section 9010 or to the taking of dungeness crab under Section 9011.
SEC. 34. Section 9001.5 of the Fish and Game Code is amended to
read:
9001.5. Notwithstanding Section 9001, a revocable,
nontransferable finfish trap permit is required to take
finfish other than hagfish in traps for commercial
purposes in ocean waters between a line extending due west true from
Point Arguello in Santa Barbara County and the United States-Mexico
international boundary line. A finfish trap permit shall only be
issued as follows:
(a) For the 1996-97 permit year, to persons who held a general
trap permit during the 1995-96 permit year that has not been
suspended or revoked and who landed finfish taken in traps for
commercial purposes during the 1995-96 permit year in this state as
reported on one or more fish landing receipts signed by the applicant
and submitted delivered to the
department pursuant to Section 8043 8046
.
(b) For the 1997-98 permit year and thereafter, to persons who
held a finfish trap permit to take finfish during the immediately
preceding permit year that has not been suspended or revoked
and who landed at least 50 pounds of finfish taken in finfish
traps as reported on one or more fish landing receipts signed by the
applicant and submitted to the department pursuant to Section
8043 8046 during the immediately
preceding permit year.
(c) Any applicant who is denied a finfish trap permit, for any
reason, may appeal the denial to the commission in writing,
describing the basis for the appeal. The appeal shall be received by
the commission not later than 60 days after the date of denial.
(d) This section shall become operative on April 1, 1996.
SEC. 35. Section 9001.6 of the Fish and Game Code is amended to
read:
9001.6. (a) Finfish may be taken with a permit issued pursuant to
Section 9001.5 according to the following limitations:
(1) No lobster shall be possessed aboard or landed from any vessel
on which finfish are also present unless a person is on board who
possesses has a valid
finfish permit issued pursuant to Section 9001.5
that has not been suspended or revoked and who also
possesses has a valid
permit issued pursuant to Section 8254 that has not
been suspended or revoked and is in compliance with
all other provisions of this article and Article 5
(commencing with Section 8250) of Chapter 2 and the regulations
adopted pursuant to these articles. Lobster shall not be used as
bait in finfish traps, and any lobster found in finfish traps that
may not be possessed pursuant to this article or Article 5
(commencing with Section 8250) of Chapter 2 shall be returned to the
water immediately.
(2) During the period from one hour after sunset to one hour
before sunrise finfish traps that are left in the water shall be
unbaited with the door secured open. However, if, for reasons beyond
the control of the permittee, all trap doors cannot be secured open
prior to one hour after sunset, the permittee shall immediately
notify the department.
(3) Timed buoy release mechanisms commonly termed "popups" shall
not be used on buoy lines attached to finfish traps.
(4) Trap destruction devices used on finfish traps shall conform
to the current requirements for those devices adopted by the
commission.
(5) No finfish traps shall be within 750 feet of any pier,
breakwall, or jetty in Districts 19, 19A, 19B, 20, 20A, 20B, or 21.
(6) Not more than 50 finfish traps may be used in state waters
along the mainland shore.
(7) The mesh of any finfish trap shall measure two inches by two
inches.
(b) The fee for the finfish trap permit issued pursuant to Section
9001.5 is one hundred ten dollars ($110) and shall be valid
from April 1 to March 31, inclusive . Only one finfish
trap permit shall annually be issued to any
person.
(c) A Notwithstanding subdivision (b) of
Section 7857, a permit issued pursuant to Section 9001.5 may be
revoked or cancelled by the commission when recommended by the
department upon a conviction for a violation of this article or
regulations adopted pursuant thereto by the permittee, the permittee'
s agents, servants, employees, or persons acting under the permittee'
s direction and control. A permit may be revoked for a period of not
more than one year from the date of revocation for a first or second
conviction for a violation of this article or regulations adopted
pursuant thereto and may be permanently revoked or canceled for a
third or subsequent conviction for a violation of this article or
regulations adopted pursuant thereto.
(d) This section shall become operative on April 1, 1996
Notwithstanding subdivision (a), Korean traps, as
defined in paragraph (2) of subdivision (f) of Section 8397, may be
used to take only hagfish. When Korean traps are being used or are
possessed aboard a vessel, or when hagfish are possessed aboard a
vessel, no other species of finfish shall be taken, possessed, or
sold for commercial purposes .
(e) This section shall become inoperative on April 1, 1998, and as
of January 1, 1999, is repealed, unless a later enacted statute,
which is enacted before January 1, 1999, deletes or extends that
date.
SEC. 36. Section 9006 of the Fish and Game Code is amended to
read:
9006. Any buoy used to mark a trap shall be clearly and
distinctively marked with a buoy identification number, as follows:
(a) The buoy identification number for a lobster trap used to take
lobster under Section 9010 and a lobster
permit issued pursuant to Section 8254 is the
fisherman's commercial fishing license number issued
to the operator of the trap pursuant to Section 7852 followed
by the letter "P."
(b) The buoy identification number for a trap, which is used under
a general trap permit issued pursuant to Section 9001 or a crab trap
used to take Dungeness crab under Section 9011 ,
is the commercial fishing license number issued to the
operator of the trap pursuant to Section 7852.
(c) The buoy identification number for a trap used to take finfish
under a permit issued pursuant to Section 9001.5 is the commercial
fishing license number of the permittee, issued
to the operator of the trap pursuant to Section 7852,
followed by the letter Z.
SEC. 37. Section 9054 of the Fish and Game Code is amended to
read:
9054. Rakes, airlifts, or other handheld appliances may be used
to take sea urchins under a revocable, nontransferable
permit issued by the department, subject to regulations
prescribed by the commission. The commission may, whenever necessary
to prevent overutilization or to ensure efficient and economic
operation of the fishery, limit the number of permits which
that may be issued. The commission, as it
determines appropriate to protect the resource, may limit the number
of permits either on a statewide basis or within selected
geographical areas.
SEC. 38. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.