BILL NUMBER: SB 463 CHAPTERED
BILL TEXT
CHAPTER 787
FILED WITH SECRETARY OF STATE OCTOBER 8, 1997
APPROVED BY GOVERNOR OCTOBER 7, 1997
PASSED THE SENATE SEPTEMBER 11, 1997
PASSED THE ASSEMBLY SEPTEMBER 9, 1997
AMENDED IN ASSEMBLY SEPTEMBER 5, 1997
AMENDED IN ASSEMBLY AUGUST 29, 1997
AMENDED IN ASSEMBLY AUGUST 25, 1997
AMENDED IN ASSEMBLY JULY 22, 1997
AMENDED IN ASSEMBLY JUNE 24, 1997
AMENDED IN SENATE APRIL 22, 1997
AMENDED IN SENATE APRIL 9, 1997
INTRODUCED BY Senator Thompson
(Coauthor: Assembly Member Keeley)
FEBRUARY 19, 1997
An act to amend Sections 12002.6, 12002.8, 12006.6, 12009, and
13100 of, to amend and renumber Sections 8306.7, 8311, 8313, and 8314
of, to add Sections 5520, 5521, 5521.5, 5522, 7149.8, and 7149.9 to,
to add Article 7 (commencing with Section 7400) to Chapter 2 of
Part 2 of Division 6 of, and to repeal Sections 8300, 8300.1, 8300.2,
8301, 8302, 8303, 8304, 8305, 8305.5, 8305.8, 8305.9, 8305.10,
8305.11, 8306, 8306.1, 8306.2, 8306.3, 8306.6, 8306.9, 8308, 8309,
and 8310 of, the Fish and Game Code, relating to fish, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 463, M. Thompson. Abalone.
(1) Under existing law, the taking of abalone for purposes other
than for profit is regulated by the Fish and Game Commission.
This bill would require a person taking abalone from ocean waters
to have an abalone stamp obtained from the Department of Fish and
Game for a fee of $12, affixed to his or her sport fishing license.
The bill would require the fees received pursuant to the bill to be
used only for the Recreational Abalone Management Program, as
specified in the bill. Because a violation of the stamp requirement
in the bill would be a misdemeanor under other provisions of existing
law, the bill would impose a state-mandated local program by
creating a new crime.
The bill would require the Director of Fish and Game to appoint a
Recreational Abalone Advisory Committee of 9 members who possess
specified qualifications.
(2) Existing law prohibits the taking of abalone for commercial
purposes during specified months of the year and prohibits the taking
of abalone at any time in certain fish and game districts. Existing
law imposes size and number limitations on the taking of abalone and
requires any person who takes abalone to have a valid abalone diving
permit issued by the commission.
This bill would repeal those provisions and, instead, would make
it unlawful to take abalone for commercial purposes in Fish and Game
District 6, 7, 16, 17, or 19A, in District 10 north of Point Lobos,
or in District 20 between Southeast Rock and the extreme westerly end
of Santa Catalina Island. In addition, the bill would impose a
moratorium on the taking, possessing, or landing of abalone for
commercial or recreational purposes in ocean waters of the state
south of a line drawn due west magnetic from the center of the mouth
of San Francisco Bay, including all islands offshore the mainland of
California.
The bill would require the department, on or before January 1,
2003, to submit to the commission, a comprehensive abalone recovery
and management plan, as specified. Funding to prepare the plan would
be derived from the abalone stamp fees.
Under the bill, once the plan is submitted, the department may
apply to the commission to reopen sport or commercial fishing in all
or any portion of the waters closed by the moratorium. The bill
would authorize the commission to reopen the waters upon a finding
that the abalone resource can support additional harvest activities.
The bill would also authorize the commission to close or establish
no-take marine refuges in any waters opened to sport or commercial
fishing if it makes a finding that this action is necessary to comply
with the abalone management plan.
(3) Existing constitutional law requires money collected pursuant
to any state law relating to the protection or propagation of fish
and game to be used for activities relating thereto. Existing
statutory law requires 1/2 of the revenue from fines and forfeitures
imposed or collected for violations of the Fish and Game Code to be
deposited in the Fish and Game Preservation Fund and the other 1/2 to
be paid to the county in which the offense was committed. Existing
law also declares the intent of the Legislature that the costs of
commercial fishing programs be provided out of specified revenues
relating to commercial fishing.
This bill would create the Abalone Restoration and Preservation
Account and require the fees from the abalone stamps described in (1)
to be deposited in this account and would continuously appropriate
the moneys in that account to the department to be used only for the
purposes described in (1).
This bill would require all fines and forfeitures imposed or
collected for the taking of abalone for any purpose other than for
profit in violation of the bill or any other provision of law to be
deposited 1/2 to the Abalone Restoration and Preservation Account and
1/2 to the county treasury of the county in which the violation
occurred.
(4) Existing law establishes maximum punishments for the illegal
take of abalone. These punishments include a fine of $5,000,
imprisonment in the county jail for a period not to exceed one year,
the revocation of certain licenses, or any combination of those
penalties.
This bill would increase the maximum fine to 5 times the market
value of the abalone taken or $10,000, whichever is greater, and
allow for revocation of all commercial and sport licenses issued by
the department for up to 10 years. The bill would also require the
department to permanently revoke the commercial fishing license and
any commercial fishing permits of any person convicted of taking or
possessing abalone out of season, taking or possessing illegally
taken abalone from any area north of Point Sur, removing abalone from
the shell or possessing abalone removed from the shell, as
specified, or taking or possessing abalone that are less than the
minimum size, as specified.
(5) Under existing law, a person who is required to pay a landing
tax for abalone must pay an additional tax of $0.195 for each pound,
or fraction thereof, of abalone, to be deposited in the Fish and Game
Preservation Fund and used for the Abalone Resources Restoration and
Enhancement Program.
This bill would recast and renumber those provisions.
(6) 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.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5520 is added to the Fish and Game Code, to
read:
5520. It is the intent of the Legislature that the commission
undertake management of abalone in a manner consistent with the
abalone recovery and management plan submitted pursuant to Section
5522.
SEC. 2. Section 5521 is added to the Fish and Game Code, to read:
5521. A moratorium is imposed on the taking, possessing, or
landing of abalone (genus Haliotis) for commercial or recreational
purposes in ocean waters of the state south of a line drawn due west
magnetic from the center of the mouth of the San Francisco Bay,
including all islands offshore the mainland of California, including,
but not limited to, the Farallon Islands and the Southern California
Channel Islands. It is unlawful to take, possess, or land abalone
for commercial or recreational purposes in those ocean waters while
the moratorium is in effect.
SEC. 3. Section 5521.5 is added to the Fish and Game Code, to
read:
5521.5. In addition to the moratorium imposed by Section 5521,
and notwithstanding any other provision of law, it is unlawful to
take abalone for commercial purposes in District 6, 7, 16, 17, or
19A, in District 10 north of Point Lobos, or in District 20 between
Southeast Rock and the extreme westerly end of Santa Catalina Island.
SEC. 4. Section 5522 is added to the Fish and Game Code, to read:
5522. (a) On or before January 1, 2003, the department shall
submit to the commission a comprehensive abalone recovery and
management plan. The plan shall contain all of the following:
(1) An explanation of the scientific knowledge regarding the
biology, habitat requirements, and threats to abalone.
(2) A summary of the interim and long-term recovery goals,
including a range of alternative interim and long-term conservation
and management goals and activities. The department shall report why
it prefers the recommended activities.
(3) Alternatives for allocating harvest between sport and
commercial divers if the allocation of the abalone harvest is
warranted.
(4) An estimate of the time and costs required to meet the interim
and long-term recovery goals for the species, including available or
anticipated funding sources, and an initial projection of the time
and costs associated with meeting the final recovery goals. An
implementation schedule shall also be included.
(5) An estimate of the time necessary to meet the interim recovery
goals and triggers for review and amendment of strategy.
(6) A description of objective measurable criteria by which to
determine whether the goals and objectives of the recovery strategy
are being met and procedures for recognition of successful recovery.
These criteria and procedures shall include, but not be limited to,
the following:
(A) Specified abundance and size frequency distribution criteria
for former abalone beds within suitable habitat not dominated by sea
otters.
(B) Size frequency distributions exhibiting multiple size classes
as necessary to ensure continued recruitment into fishable stock.
(C) The reproductive importance to the entire ecosystem of those
areas proposed for reopening to harvest and the potential impact of
each reopening on the recovery of abalone population in adjacent
areas.
(b) Where appropriate, the recovery and management plan may
include the following:
(1) A network of no-take abalone reserves.
(2) A total allowable catch, reflecting the long-term yield each
species is capable of sustaining, using the best available science
and bearing in mind the ecological importance of the species and the
variability of marine ecosystems.
(3) A permanent reduction in harvest.
(c) Funding to prepare the recovery and management plan and any
planning and scoping meetings shall be derived from the fees
collected for the abalone stamp.
(d) On or before January 1, 2008, and following the adoption of
the recovery and management plan by the commission, the department
may apply to the commission to reopen sport or commercial fishing in
all or any portion of the waters described in Section 5521. If the
commission makes a finding that the resource can support additional
harvest activities and that these activities are consistent with the
abalone recovery plan, all or a portion of the waters described in
Section 5521 may be reopened and management measures prescribed and
implemented, as appropriate. The commission may close or, where
appropriate, may establish no-take marine refuges in any area opened
pursuant to this section if it makes a finding that this action is
necessary to comply with the abalone management plan.
(e) If the commission determines that commercial fishing is an
appropriate management measure, priority for participation in the
fishery shall be given to those persons who held a commercial abalone
permit during the 1996-97 permit year.
SEC. 5. Section 7149.8 is added to the Fish and Game Code, to
read:
7149.8. In addition to a valid California sport fishing license
and any applicable license stamp issued pursuant to Sections 7149,
7150, and 7151, a person taking abalone from ocean waters shall have
permanently affixed to his or her sport fishing license an abalone
stamp that may be obtained from the department or an authorized agent
of the department upon payment of a fee of twelve dollars ($12).
SEC. 6. Section 7149.9 is added to the Fish and Game Code, to
read:
7149.9. (a) Fees received by the department pursuant to Section
7149.8 shall be deposited in the Abalone Restoration and Preservation
Account within the Fish and Game Preservation Fund, which is hereby
created. Notwithstanding Section 13340 of the Government Code, the
moneys in the account are continuously appropriated, without regard
to fiscal year, to the department to be used only for the
Recreational Abalone Management Program. For the purposes of this
article, "program" means the Recreational Abalone Management Program.
The program shall include the following:
(1) Research and management of abalone and abalone habitat. For
the purposes of this section, "research" includes, but is not limited
to, investigation, experimentation, monitoring, and analysis; and
"management" means establishing and maintaining an optimal
sustainable utilization.
(2) Supplementary funding of allocations for the enforcement of
statutes and regulations applicable to abalone, including, but not
limited to, the acquisition of special equipment and the production
and dissemination of printed materials, such as pamphlets, booklets,
and posters, aimed at compliance with recreational abalone
regulations.
(3) Direction for volunteer groups relating to abalone and abalone
habitat management, presentations of abalone related matters at
scientific conferences and educational institutions, and publication
of abalone related material.
(b) At least 15 percent of the funds deposited in the account
shall be used for program activities south of San Francisco. To the
extent possible, participants in the management activities of the
program in that area shall be former commercial abalone divers.
(c) The department shall maintain internal accounts that ensure
that the fees received pursuant to Section 7149.8 are disbursed for
the purposes of subdivision (a). Not more than 20 percent of the
fees received pursuant to Section 7149.8 shall be used for
administration by the department.
(d) Unencumbered fees collected pursuant to Section 7149.8 during
any previous calendar year may be expended for the purposes of
subdivisions (a) and (b). All interest and other earnings on the
fees received pursuant to Section 7149.8 shall be deposited in the
account and shall be used for the purposes of subdivisions (a) and
(b).
SEC. 7. Article 7 (commencing with Section 7400) is added to
Chapter 2 of Part 2 of Division 6 of the Fish and Game Code, to read:
Article 7. Recreational Abalone Advisory Committee
7400. (a) The director shall appoint a Recreational Abalone
Advisory Committee consisting of nine members who shall serve without
compensation. The members of the advisory committee shall be
selected as follows:
(1) Six members who are not officers or employees of the
department. The six members shall be residents of California and
meet the following requirements:
(A) Two members shall reside north of the southern boundary line
of Marin County and a line extending due east from the easternmost
point of Marin County located in San Pablo Bay. The two members
shall be selected from nominations submitted by the Northern
California Shellfish Assessment Program or by individuals or
organizations that actively participate in the recreational abalone
fishery, except that not more than one of the members selected shall
be an active or former commercial abalone diver or involved in
commercial seafood processing or marketing.
(B) Two members shall reside south of the southern boundary line
of Marin County and a line extending due east from the easternmost
point of Marin County located in San Pablo Bay and north of the
boundary between Santa Barbara and San Luis Obispo Counties and a
line extending due east from the easternmost point in that boundary
line. The two members shall be selected from nominations submitted
by the Central California Council of Divers, the Southern California
Shellfish Assessment Program, the Northern California Shellfish
Assessment Program, or by individuals or organizations that actively
participate in the recreational abalone fishery, except that not
more than one of the members selected shall be an active or former
commercial abalone diver or involved in commercial seafood processing
or marketing.
(C) Two members shall reside south of the boundary between Santa
Barbara and San Luis Obispo Counties and a line extending due east
from the easternmost point in that boundary line. The two members
shall be selected from nominations submitted by the Greater Los
Angeles Council of Divers, the San Diego Council of Divers, the
Channel Islands Council of Divers, the Southern California Shellfish
Assessment Program, or by individuals or organizations that actively
participate in the recreational abalone fishery, except that not
more than one of the members selected shall be an active or former
commercial abalone diver or involved in commercial seafood processing
or marketing.
(2) One member shall represent the department in enforcement
activities and shall be selected from personnel in the Wildlife
Protection Division.
(3) Two members shall be marine scientists who are or have been
involved in abalone research at universities, state universities, or
in state or federal programs. Not more than one of the persons shall
be an officer or employee of the department.
(b) No member shall be involved in or profit from the culture for
sale (commercial aquaculture) of abalone.
(c) The advisory committee shall meet at least once each calendar
year to review proposals and recommend to the director projects and
budgets for the expenditure of fees received pursuant to Section
7149.8. The committee may review progress reports and the results of
projects funded under this article and make recommendations to the
director regarding abalone resource management.
SEC. 8. Section 8300 of the Fish and Game Code is repealed.
SEC. 9. Section 8300.1 of the Fish and Game Code is repealed.
SEC. 10. Section 8300.2 of the Fish and Game Code is repealed.
SEC. 11. Section 8301 of the Fish and Game Code is repealed.
SEC. 12. Section 8302 of the Fish and Game Code is repealed.
SEC. 13. Section 8303 of the Fish and Game Code is repealed.
SEC. 14. Section 8304 of the Fish and Game Code is repealed.
SEC. 15. Section 8305 of the Fish and Game Code is repealed.
SEC. 16. Section 8305.5 of the Fish and Game Code is repealed.
SEC. 17. Section 8305.8 of the Fish and Game Code is repealed.
SEC. 18. Section 8305.9 of the Fish and Game Code is repealed.
SEC. 19. Section 8305.10 of the Fish and Game Code is repealed.
SEC. 20. Section 8305.11 of the Fish and Game Code is repealed.
SEC. 21. Section 8306 of the Fish and Game Code is repealed.
SEC. 22. Section 8306.1 of the Fish and Game Code is repealed.
SEC. 23. Section 8306.2 of the Fish and Game Code is repealed.
SEC. 24. Section 8306.3 of the Fish and Game Code is repealed.
SEC. 25. Section 8306.6 of the Fish and Game Code is repealed.
SEC. 26. Section 8306.7 of the Fish and Game Code is amended and
renumbered to read:
12002.10. (a) When a complaint has been filed in a court of
competent jurisdiction charging a person with a violation that may
result in suspension or revocation of any license or permit to take
abalone for commercial purposes, and no disposition of the complaint
has occurred within 90 days after it has been filed in the court, the
department may suspend the license or permit of that person.
(b) Whenever the department proposes to suspend a license or
permit under this section, notice and an opportunity to be heard
shall be given before taking the action. The notice shall contain a
statement setting forth the proposed action and the grounds therefor,
and notify the person of his or her right to a hearing as provided
in this section. Within 10 days after the receipt of the notice from
the department, the permitholder may request a hearing. The hearing
shall be held by the commission at the next regularly scheduled
hearing of the commission held more than 30 days after the notice of
intent to suspend the permit was sent. The person shall be given 10
days' notice of the time and place of the hearing.
(c) A decision shall be made within a reasonable time on whether
the license or permit shall be suspended until the disposition of the
complaint by the court. In determining whether to order the
suspension, the commission shall consider whether or not the
violation could have a detrimental effect on the resources and
whether or not a suspension is in the best public interest, and shall
find whether there is sufficient evidence that a violation has
occurred. A failure to make a finding that there is sufficient
evidence that a violation has occurred, or a finding there is
insufficient evidence, shall terminate the proceedings under this
section.
(d) If the person is acquitted of the charges or the charges are
dismissed, any suspension under this section is thereby terminated.
(e) No complaint shall be filed in a court charging a commercial
abalone violation, unless evidence supporting the charge has been
reviewed by the appropriate county or city prosecuting agency and a
criminal complaint has been issued by that agency.
SEC. 27. Section 8306.9 of the Fish and Game Code is repealed.
SEC. 28. Section 8308 of the Fish and Game Code, as amended by
Section 32 of Chapter 870 of the Statutes of 1996, is repealed.
SEC. 29. Section 8308 of the Fish and Game Code, as amended by
Section 32.2 of Chapter 870 of the Statutes of 1996, is repealed.
SEC. 30. Section 8309 of the Fish and Game Code is repealed.
SEC. 31. Section 8310 of the Fish and Game Code is repealed.
SEC. 32. Section 8311 of the Fish and Game Code is amended and
renumbered to read:
12009.1. (a) Notwithstanding Section 12000, and in addition to
Section 12009, if any person is convicted of a violation of a
regulation permitting the taking of abalone under a sport fishing or
sport ocean fishing license issued pursuant to Article 3 (commencing
with Section 7145) of Chapter 1 of Part 2, and that person had more
than seven times the number of abalone permitted to be possessed
under those regulations, that person shall be fined not less than
five times the prevailing market value of the abalone.
(b) In addition to the fine, upon a conviction punishable under
this section, the court shall order the department to revoke, and
the department shall revoke, the person's sport fishing or sport
ocean fishing license for one year.
(c) If the court finds that the person convicted of a violation
punishable under this section had more than seven times the number of
abalone permitted, had more than seven undersized abalone, or had
more than seven abalone removed from the shell, or has had his or her
fishing privileges revoked pursuant to subdivision (b) for three
separate convictions punishable under this section, the court shall
order the department to permanently revoke, and the department shall
permanently revoke, the person's sport fishing or sport ocean fishing
license. A person whose sport fishing privilege is revoked pursuant
to this section shall not be eligible for any license or permit,
including, but not limited to, a commercial fishing license, to take
or possess fish in this state for life.
(d) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2002, deletes or extends
that date.
SEC. 33. Section 8313 of the Fish and Game Code is amended and
renumbered to read:
8051.3. (a) Any person who is required to pay a landing tax for
abalone pursuant to Sections 8041 and 8042 shall pay, in addition to
the landing taxes determined pursuant to Section 8051, an additional
tax of nineteen and one-half cents ($0.195) for each pound, or
fraction thereof, of abalone, determined as provided in Section 8042.
(b) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2002, deletes or extends
that date.
SEC. 34. Section 8314 of the Fish and Game Code is amended and
renumbered to read:
8051.4. (a) The landing tax collected pursuant to Section 8051.3
shall be deposited in the Fish and Game Preservation Fund and shall
be used only for the Abalone Resources Restoration and Enhancement
Program. The department shall maintain internal accounts necessary
to ensure that the funds are disbursed for the purposes in this
subdivision. No more of the landing tax collected pursuant to
Section 8051.3 than an amount equal to the regularly approved
department indirect overhead rate may be used for administration by
the department. Any interest on the revenues from the landing tax
collected pursuant to Section 8051.3 shall be deposited in the fund
and used for the purposes in this subdivision.
(b) A commercial Abalone Advisory Committee shall be appointed by
the director, consisting of six members who shall serve without
compensation or reimbursement of expenses. One of the members shall
be a person who was required to pay landing taxes pursuant to Section
8051.3 during the 1996-97 permit year. Each of the five remaining
members shall have held a commercial abalone diving permit during the
1996-97 permit year, and represent the following groups and
organizations:
(1) One member shall be selected from divers with a place of
residence north of Point Sur.
(2) One member shall be selected from divers with a place of
residence south of Point Dume.
(3) One member shall be selected from divers with a place of
residence south of Point Sur and north of Point Dume.
(4) Two members shall be selected from the membership of the
California Abalone Association without regard to place of residence.
This subdivision does not prohibit persons selected pursuant to
paragraph (1), (2), or (3) from also being members of the California
Abalone Association.
(c) The advisory committee shall make recommendations to the
director and the director shall use his or her best efforts to
implement those recommendations for activities to be conducted with
funds collected pursuant to Section 8051.3, and those funds collected
from any previous calendar year shall be available for use for those
activities.
(d) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2003, deletes or extends
that date.
SEC. 35. Section 12002.6 of the Fish and Game Code is amended to
read:
12002.6. (a) Notwithstanding Sections 12000, 12001, and 12002, a
commercial boat registration may be revoked or suspended by the
commission, when requested by the department, for a period not to
exceed one year, upon the second conviction in three years of the
registrant, or the registrant's agent, servant, employee, or any
other person acting under the registrant's direction or control, for
a violation of any of the following provisions or regulations adopted
pursuant thereto:
(1) Section 5521 or 5521.5.
(2) Article 2 (commencing with Section 8150), Article 3
(commencing with Section 8180), Article 4 (commencing with Section
8210), Article 5 (commencing with Section 8250), Article 6
(commencing with Section 8275), Article 9 (commencing with Section
8370), Article 13 (commencing with Section 8495), and Article 15
(commencing with Section 8550) of Chapter 2 of Part 3 of Division 6.
(3) Article 1 (commencing with Section 8601), Article 2
(commencing with Section 8620), Article 4 (commencing with Section
8660), Article 5 (commencing with Section 8685), Article 6
(commencing with Section 8720), Article 7 (commencing with Section
8750), Article 8 (commencing with Section 8780), and Article 10
(commencing with Section 8830) of Chapter 3 of Part 3 of Division 6.
(4) Article 1 (commencing with Section 9000) of Chapter 4 of Part
3 of Division 6.
(b) The commercial boat registration shall not be revoked unless
both the first and second convictions are related to the boat for
which the commercial boat registration is to be revoked, and are for
violations which occurred when the person convicted was the
registrant or the registrant's agent, servant, employee, or acting
under the registrant's direction or control.
SEC. 36. Section 12002.8 of the Fish and Game Code is amended to
read:
12002.8. (a) The court shall order the department to permanently
revoke and the department shall permanently revoke, the commercial
fishing license and any commercial fishing permits of any person
convicted of either of the following:
(1) Taking or possessing abalone out of season.
(2) Taking or possessing abalone taken illegally from any area
north of Point Sur.
(b) The court shall order the department to permanently revoke and
the department shall permanently revoke the commercial fishing
license and any commercial fishing permits of any person convicted of
either of the following two offenses, if the person possessed more
than 24 abalone at the time of the offense:
(1) Removing abalone from the shell or possessing abalone
illegally removed from the shell.
(2) Taking or possessing abalone that are less than the minimum
size.
(c) Any person sentenced pursuant to subdivision (a) or (b) shall
not thereafter be eligible for any license or permit to take or
possess fish for sport or commercial purposes.
(d) Notwithstanding Sections 12000, 12001, and 12002, the
commercial fishing license of the master of a vessel may be revoked
or suspended by the commission, when requested by the department, for
a period not to exceed one year, upon the second conviction in three
years of the master or the master's agent, servant, employee, or any
other person acting under the master's direction or control, for a
violation of any of the following provisions or regulations adopted
pursuant thereto:
(1) Article 2 (commencing with Section 8150), Article 3
(commencing with Section 8180), Article 4 (commencing with Section
8210), Article 5 (commencing with Section 8250), Article 6
(commencing with Section 8275), Article 9 (commencing with Section
8370), Article 13 (commencing with Section 8495), and Article 15
(commencing with Section 8550) of Chapter 2 of Part 3 of Division 6.
(2) Article 1 (commencing with Section 8601), Article 2
(commencing with Section 8620), Article 4 (commencing with Section
8660), Article 5 (commencing with Section 8685), Article 6
(commencing with Section 8720), Article 7 (commencing with Section
8750), Article 8 (commencing with Section 8780), and Article 10
(commencing with Section 8830) of Chapter 3 of Part 3 of Division 6.
(3) Article 1 (commencing with Section 9000) of Chapter 4 of Part
3 of Division 6.
(e) A master's license shall not be revoked unless both the first
and second convictions are for a violation by the master or a
violation occurring when the person convicted was acting as the
master's agent, servant, employee, or acting under the master's
direction or control.
(f) The master of a vessel is the person on board the vessel who
is in charge of the vessel.
SEC. 37. Section 12006.6 of the Fish and Game Code is amended to
read:
12006.6. Notwithstanding Section 12000 or 12002.8, and in
addition to Section 12009, and notwithstanding the type of fishing
license or permit held, if any person is convicted of a violation of
Section 5521 or 5521.5, and the offense occurs in an area closed to
the taking of abalone for commercial purposes north of Point Lobos
in District 10, and the person takes or possesses 36 or more abalone,
that person shall be punished by all of the following:
(a) A fine of five times the market value of the abalone taken or
in possession, or ten thousand dollars ($10,000), whichever is
greater.
(b) The court shall order the department to permanently revoke,
and the department shall permanently revoke, the commercial fishing
license and any commercial fishing permits of that person. The
person punished under this subdivision shall not, thereafter, be
eligible for any license or permit to take or possess fish for sport
or commercial purposes, including, but not limited to, a commercial
fishing license or a sport fishing or sport ocean fishing license.
Notwithstanding any other provision of law, the commercial license or
permit of a person arrested for a violation punishable under this
section may not be sold, transferred, loaned, leased, or used as
security for any financial transaction until disposition of the
charges is final.
(c) Any vessel, diving or other fishing gear or apparatus, or
vehicle used in the commission of an offense punishable under this
section shall be seized, and shall be ordered forfeited in the same
manner prescribed for nets or traps used in violation of this code in
Article 3 (commencing with Section 8630) of Chapter 3, or in the
manner prescribed in Section 12157.
(d) Not less than 50 percent of the revenue deposited in the
Fish and Game Preservation Fund from fines and forfeitures collected
pursuant to this section shall be allocated for the support of the
Special Operations Unit of the Wildlife Protection Division of the
department and used for law enforcement purposes.
SEC. 38. Section 12009 of the Fish and Game Code is amended to
read:
12009. (a) Notwithstanding Section 12000, and except as provided
in Section 8312, the maximum punishment for a violation of any
provision of Section 5521 or 5521.5, or any regulation adopted
pursuant thereto, or of Section 7121 involving abalone, is a fine of
five times the market value of the abalone taken, or ten thousand
dollars ($10,000), whichever is greater, imprisonment in the county
jail for a period not to exceed one year, the revocation of any
commercial and sport fishing licenses issued by the department for a
period not to exceed 10 years, or any combination of these penalties.
(b) Notwithstanding any other provision of law, the money
collected from any fine or forfeiture imposed or collected for the
taking of abalone for any purpose other than for profit in violation
of this article or any other provision of law shall be deposited as
follows:
(1) One-half in the Abalone Restoration and Preservation Account.
(2) One-half in the county treasury of the county in which the
violation occurred.
SEC. 39. Section 13100 of the Fish and Game Code is amended to
read:
13100. (a) The amounts paid to and retained in the county
treasury pursuant to Sections 12009 and 13003 shall be deposited in a
county fish and wildlife propagation fund and expended for the
protection, conservation, propagation, and preservation of fish and
wildlife, under the direction of the board of supervisors, pursuant
to this chapter.
SEC. 40. 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.