BILL NUMBER: SB 1544 CHAPTERED 09/27/00 CHAPTER 717 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2000 APPROVED BY GOVERNOR SEPTEMBER 25, 2000 PASSED THE SENATE AUGUST 31, 2000 PASSED THE ASSEMBLY AUGUST 29, 2000 AMENDED IN ASSEMBLY AUGUST 28, 2000 AMENDED IN ASSEMBLY AUGUST 18, 2000 AMENDED IN SENATE JUNE 15, 2000 AMENDED IN SENATE JUNE 5, 2000 AMENDED IN SENATE MAY 23, 2000 AMENDED IN SENATE APRIL 5, 2000 INTRODUCED BY Senator Sher FEBRUARY 17, 2000 An act to amend Sections 8422, 8423, and 8429.7 of the Fish and Game Code, relating to fish, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 1544, Sher. Market squid. (1) Existing law generally regulates the taking of squid for commercial purposes, including, among other things, prescribing permit and licensing requirements, specifying time restrictions, imposing fees and penalties, and requiring the Fish and Game Commission to adopt regulations to protect the squid resource and manage the squid fishery at a sustainable level. These provisions become inoperative on April 1, 2001, and are repealed on January 1, 2002, unless a later enacted statute that becomes operative on or before January 1, 2002, deletes or extends the dates on which they become inoperative and are repealed. This bill would make those provisions inoperative on April 1, 2003, and would repeal them on January 1, 2004. Since a violation of some of these provisions is a misdemeanor under existing law, the bill would impose a state-mandated local program by extending a crime that otherwise would be repealed. (2) Existing law requires the Department of Fish and Game to establish the fees for a commercial market squid vessel permit and for a commercial squid light boat owner's permit in an amount not to exceed the reasonable administrative costs, or $2,500, whichever is less. This bill would establish the fee in an amount of $400. (3) 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 extend existing duties imposed on the department and the commission, the bill would make an appropriation. (4) 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 8422 of the Fish and Game Code is amended to read: 8422. (a) The fee for a commercial market squid vessel permit shall be four hundred dollars ($400). (b) All applications for a commercial market squid vessel permit for the 1998-99 permit year shall be received by the department on or before April 30, 1998, or, if mailed, shall be postmarked by April 30, 1998. In order to renew a permit, an applicant shall have been issued a commercial market squid vessel permit in the immediately preceding year. Applications for renewal of the permit shall be received by the department on or before April 30 of each year, or, if mailed, shall be postmarked by April 30 of each year. (c) Notwithstanding Section 7852.2, a penalty of two hundred fifty dollars ($250) shall be paid in addition to the fee required under subdivision (a) for applications that do not meet the deadline specified in subdivision (b) but that are received by the department on or before May 31 of any year. (d) The department shall deny all applications received after May 31 of each year, and the application shall be returned to the applicant who may appeal the denial to the commission. If the commission issues a permit following an appeal, it shall assess the late penalty prescribed by subdivision (c). SEC. 2. Section 8423 of the Fish and Game Code is amended to read: 8423. (a) No person shall operate a squid light boat unless the owner of the boat has been issued a commercial squid light boat owner' s permit by the department and a permit number is affixed to the boat in the manner prescribed by the department. (b) The department shall issue a commercial squid light boat owner' s permit to a person who submits an application, pays the permit fee, and meets the other requirements of this section. (c) The department may regulate the use of squid light boats consistent with the regulations established for commercial squid vessels. (d) The fee for a commercial squid light boat owner's permit shall be four hundred dollars ($400). (e) It is unlawful for a person to engage in the following activities, unless the vessel used for the activity has been issued a commercial market squid vessel permit or the person holds a commercial squid light boat owner's permit: (1) Attracting squid by light displayed from a vessel, except from a vessel deploying nets for the take, possession, and landing of squid or except from the seine skiff of the vessel deploying nets for the take, possession, and landing of squid. (2) Attracting squid by light displayed from a vessel whose primary purpose is other than the deployment, or assistance in the deployment, of nets for the take, possession, and landing of squid. (f) A commercial squid light boat owner's permit shall be issued to a person who is the owner of record of a vessel that is registered with the department pursuant to Section 7881. For purposes of this subdivision, an owner includes any person who has a lease-purchase agreement for the purchase of a vessel. SEC. 3. Section 8429.7 of the Fish and Game Code is amended to read: 8429.7. This article shall become inoperative on April 1, 2003, and as of January 1, 2004, is repealed, unless a later enacted statute that is enacted before January 1, 2004, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 4. 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.