BILL NUMBER: AB 2363 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE AUGUST 7, 2012
AMENDED IN SENATE JUNE 27, 2012
AMENDED IN ASSEMBLY APRIL 30, 2012
AMENDED IN ASSEMBLY APRIL 17, 2012
INTRODUCED BY Assembly Member Chesbro
(Coauthors: Senators Evans and La Malfa)
FEBRUARY 24, 2012
An act to amend Sections 8103, 8276.2, 8276.5,
8280.3, 8280.6, and 13103 of, and to add and repeal
Section 9002.5 of, the Fish and Game Code, relating to commercial
fishing, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2363, as amended, Chesbro. Commercial Fishing
fishing : Dungeness crab.
(1) Existing law authorizes the Director of the Department of Fish
and Game to authorize one or more operators of commercial fishing
vessels to take and land a limited number of Dungeness crab for the
purpose of quality testing, as provided. Existing law prohibits the
department from approving a testing program unless it is funded by
the entity authorized to conduct the testing program and prohibits
the sale of the crab taken for testing. Those provisions become
inoperative on April 1, 2019, and are repealed on January 1, 2020.
This bill would delete the above prohibitions, and, instead, would
specifically authorize the sale of tested crab meat and the use of
sale revenues for purposes of managing the testing program. The bill
would require that the sale revenues be deposited in an account
managed and overseen by the Pacific States Marine Fisheries
Commission. The bill would require the department, in consultation
with specified entities, to develop suggested guidelines for the
management of the funds from the sale, among other guidelines.
(2) Existing law requires the director to adopt a program, as
provided, for Dungeness crab trap limits for all California permits,
that includes 7 tiers of Dungeness crab trap limits based on all
California landings receipts under California permits, as specified.
Existing law authorizes an individual to submit an appeal of a trap
tag allocation by March 31, 2014, as provided. Existing law requires
the individual requesting the appeal to pay all expenses, including a
nonrefundable filing fee, as determined by the department, to pay
for the department's reasonable costs associated with the appeal that
is heard and decided by an administrative law judge. Those
provisions become inoperative on April 1, 2019, and are repealed on
January 1, 2020.
This bill would authorize an individual
any Dungeness crab permit holder to apply to the
administrative law judge for a waiver of these appeal fees. The bill
would authorize the administrative law judge to consider certain
factors when making this determination, including medical hardship.
This bill would require the department to decide an appeal to
revise downward a trap tag allocation.
(3) Existing law relating to limited entry fisheries requires the
department to transfer a permit for a limited entry fishery, upon
application, to a parent, spouse, child, or sibling of a permittee
whose death was the result of an accident that occurred after January
1, 1986.
This bill would require the department to transfer a permit for a
limited entry fishery, upon application, to a parent, spouse, child,
sibling, domestic partner, or other natural person who is an heir of
a permittee whose death occurred after January 1, 2010, without
reference to the cause of death.
(4)
(3) Existing law regulating the Dungeness crab fishery
permits the owner of a vessel to whom a Dungeness crab vessel permit
has been issued, upon the written approval of the department, to
temporarily transfer the permit to another replacement vessel for
which use in the Dungeness crab fishery is not permitted, for a
period of not more than 6 months during the current permit year,
under specified circumstances. Existing law also permits the transfer
of a permit to another vessel in the event of loss or destruction of
a permitted vessel, within 2 years after the loss or damage of the
original vessel.
This bill would require the owner of a vessel to whom a Dungeness
crab vessel permit has been issued to have had California
Dungeness crab landings made with trap gear documented on
department landing receipts and to have had California Dungeness crab
landings of not less than 5,000 pounds cumulative for the past
2 years Dungeness crab seasons to translate
the permit . The bill also would require the replacement vessel
to be equivalent in size and capacity, as specified, to the vessel
from which the permit is transferred. The bill would require
specified proof of loss, theft, damage, mechanical breakdown, or
destruction to be submitted for a vessel permit to be transferred.
This bill would require a vessel owner to sign an
application for transfer and certify that the information included is
true to the best of his or her information and belief. By expanding
the definition of the crime of perjury, this bill would impose a
state-mandated local program.
(5)
(4) Existing law regulating commercial fishing traps
makes it unlawful, except as specified, to willfully or recklessly
disturb, move, or damage any trap that belongs to another person and
that is marked with a buoy identification number.
This bill would authorize a commercially permitted
Dungeness crab vessel to retrieve and bring to shore Dungeness crab
traps in ocean waters under specified circumstances. The bill would
authorize the department, in consultation with
Dungeness crab permitholders or their representatives, to establish
the Dungeness Crab Task Force, to develop
regulations as necessary to implement and enforce the trap
retrieval provisions provide for the retrieval of lost
or abandoned commercial crab traps . Those provisions would
become inoperative on April 1, 2019, and would be repealed on January
1, 2020.
(6)
(5) Existing law authorizes expenditures from the fish
and wildlife propagation fund of any county to be made for specified
purposes, including for reasonable administrative costs, as provided.
Existing law defines "reasonable cost" as an amount that does not
exceed 3% of the average amount received by the fund during the
previous 3-year period, or $3,000 annually, whichever is greater, as
provided.
This bill would instead define "reasonable cost" as an amount that
does not exceed 15% of the average amount received by the fund
during the previous 3-year period, or $10,000 annually, whichever is
greater.
(6) Existing law requires the department to charge a specified fee
for each Dungeness crab vessel permit and for certain transfers of
permits for the reasonable regulatory costs of the department.
This bill would provide for these fees for each transfer of a
permit.
(7) 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.
(7)
(8) This bill would declare that it is to take effect
immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8103 of the Fish and Game
Code is amended to read:
8103. (a) The Legislature finds and declares as follows:
(1) The death of a limited entry permittee results in great
hardships on the permittee's family.
(2) Under the law as it existed immediately prior to January 1,
1987, if a member of the permittee's family has not been actively
working in the fishery, the limited entry permit could not be
transferred to a member of the family, an action that deprives the
family of the opportunity to continue to derive a livelihood from the
fishery and that imposes greater hardships.
(3) When there is a death of a limited entry permittee, a
transition period is necessary to allow a family member to join the
fishery and to become acclimated, knowledgeable, and experienced in
the fishery.
(b) Notwithstanding Section 8102, the department shall transfer a
permit for a limited entry fishery, upon application, to a parent,
spouse, child, sibling, domestic partner, or other natural person who
is an heir of a permittee whose death occurred after January 1,
2010.
(c) Application for the transfer of a permit pursuant to
subdivision (b) shall be made on or before July 1, 2013, or not more
than one year after the death of the permittee, whichever is later.
(d) The director may authorize another person, when requested by
the new permittee, to serve in the place of the new permittee and to
engage in fishing activities under the authority of the limited entry
permit for not more than two years from the date of the permit
transfer.
SEC. 2. SECTION 1. Section 8276.2 of
the Fish and Game Code is amended to read:
8276.2. (a) The director may order a delay in the opening of the
Dungeness crab fishery after December 1 in Districts 6, 7, 8, and 9
in any year. The delay in the opening shall not be later than January
15 of any year.
(b) (1) On or about November 1 of each year, the director may
authorize one or more operators of commercial fishing vessels to take
and land a limited number of Dungeness crab for the purpose of
quality testing according to a testing program conducted by, or on
behalf of, the Pacific States Marine Fisheries Commission or an
entity approved by the department.
(2) (A) The meat extracted from Dungeness crab tested pursuant to
paragraph (1) may be sold by the entity approved by the department
and revenues from that sale may be used for purposes of managing the
testing program. Revenues shall be deposited in an account managed
and overseen by the Pacific States Marine Fisheries Commission.
(B) For purposes of the testing program, the department shall
develop guidelines after consulting with representatives of the
California Dungeness crab industry, which shall include California
delegates to the Tri-State Dungeness Crab Commission or members of
the California Dungeness Crab Task Force, or both. The guidelines
shall include the following:
(i) Suggested guidelines for the management of the funds received
from, but not limited to, the sale of the crab meat pursuant to
subparagraph (A), including the suggested guideline that funds in
excess of the program costs may be donated for charitable purposes.
(ii) Guidelines for the testing program.
(iii) Guidelines that establish measures to track crab caught for
purposes of the testing program, including, but not limited to, the
guideline that all crab caught and sold for the testing program shall
be canned.
(c) The director shall order the opening of the Dungeness crab
season in Districts 6, 7, 8, and 9 on December 1 if the quality tests
authorized in subdivision (b) indicate the Dungeness crabs are not
soft-shelled or low quality. The entity authorized to conduct the
approved testing program may test, or cause to be tested, crabs taken
for quality and soft shells pursuant to the approved testing
program. If the tests are conducted on or about November 1 and result
in a finding that Dungeness crabs are soft-shelled or low quality,
the director shall authorize a second test to be conducted on or
about November 15 pursuant to the approved testing program. If the
second test results in a finding that Dungeness crabs are
soft-shelled or low quality, the director may order the season
opening delayed for a period of 15 days and may authorize a third
test to be conducted on or about December 1. If the third test
results in a finding that Dungeness crabs remain soft-shelled or of
low quality, the director may order the season opening delayed for a
period of an additional 15 days and authorize a fourth test to be
conducted. This procedure may continue to be followed, except that
tests shall not be conducted after January 1 for that season, and the
season opening shall not be delayed by the director later than
January 15.
(d) This section shall become inoperative on April 1, 2019, and,
as of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 3. SEC. 2. Section 8276.5 of
the Fish and Game Code is amended to read:
8276.5. (a) In consultation with the Dungeness crab task force,
or its appointed representatives, the director shall adopt a program,
by March 31, 2013, for Dungeness crab trap limits for all California
permits. Unless the director finds that there is consensus in the
Dungeness crab industry that modifications to the following
requirements are more desirable, with evidence of consensus,
including, but not limited to, the record of the Dungeness crab task
force, the program shall include all of the following requirements:
(1) The program shall contain seven tiers of Dungeness crab trap
limits based on California landings receipts under California permits
between November 15, 2003, and July 15, 2008, as follows:
(A) The 55 California permits with the highest California landings
shall receive a maximum allocation of 500 trap tags.
(B) The 55 California permits with the next highest California
landings to those in subparagraph (A) shall receive a maximum
allocation of 450 trap tags.
(C) The 55 California permits with the next highest California
landings to those in subparagraph (B) shall receive a maximum
allocation of 400 trap tags.
(D) The 55 California permits with the next highest California
landings to those in subparagraph (C) shall receive a maximum
allocation of 350 trap tags.
(E) The 55 California permits with the next highest California
landings to those in subparagraph (D) shall receive a maximum
allocation of 300 trap tags.
(F) The remaining California permits with the next highest
California landings to those in subparagraph (E), which are not
described in paragraph (1) or (2) of subdivision (g) of Section
8276.4, shall receive a maximum allocation of 250 trap tags.
(G) The California permits described in paragraphs (1) and (2) of
subdivision (g) of Section 8276.4 shall receive a maximum allocation
of 175 tags. The tags in this tier shall not be transferable for the
first two years of the program.
(2) Notwithstanding paragraph (1), the director shall not remove a
permitholder from a tier described in paragraph (1), if, after an
allocation is made pursuant to paragraph (1), an appeal pursuant to
paragraph (6) places a permitholder in a tier different than the
original allocation.
(3) Participants in the program shall meet all of the following
requirements:
(A) Pay a biennial fee for each trap tag issued pursuant to this
section to pay the pro rata share of costs of the program, including,
but not limited to, informing permitholders of the program,
collecting fees, acquiring and sending trap tags to permitholders,
paying for a portion of enforcement costs, and monitoring the results
of the program. The fee shall not exceed five dollars ($5) per trap,
per two-year period. All of the trap tags allocated to each permit
pursuant to subdivision (a) shall be purchased by the permitholder or
the permit shall be void.
(B) Purchase a biennial crab trap limit permit of not more than
one thousand dollars ($1,000) per two-year period to pay for the
department's reasonable regulatory costs.
(C) Not lease a crab trap tag, and transfer a tag only as part of
a transaction to purchase a California permitted crab vessel.
(D) A Dungeness crab trap that is fished shall contain a trap tag
that is fastened to the main buoy, and an additional tag provided by
the permitholder attached to the trap. The department shall mandate
the information that is required to appear on both buoy and trap
tags.
(4) The department shall annually provide an accounting of all
costs associated with the crab trap limit program. The department
shall use excess funds collected to reduce the cost of the crab trap
limit permit fee or tag fee in subsequent years of the program.
(5) Permitholders may replace lost tags by application to the
department and payment of a fee not to exceed the reasonable costs
incurred by the department. The department may waive or reduce a fee
in the case of catastrophic loss of tags.
(6) (A) An individual Any Dungeness crab
permitholder may submit to the director an appeal of a trap tag
allocation received pursuant to this section, by March 31, 2014, on
a permit-by-permit basis for the purpose of revising upward or
downward any trap tag allocation . Any appeal to revise upward a
trap tag allocation shall be based on evidence that a permit's
California landings during the period between November 15, 2003, and
July 15, 2008, inclusive, were reduced as a result of unusual
circumstances and that these circumstances constitute an unfair
hardship, taking into account the overall California landings history
as indicated by landing receipts associated with the permit. The
director shall initiate the appeal process within 12 months of
receiving an appeal request. The appeal shall be heard and decided by
an administrative law judge of the Office of Administrative
Hearings, whose decision shall constitute the final administrative
decision. Except as provided in subparagraph (B), an
individual any Dungeness crab permit holder
requesting an appeal to revise upward the permit
holder's trap tag allocation shall pay all expenses,
including a nonrefundable filing fee, as determined by the
department, to pay for the department's reasonable costs associated
with the appeal process described in this paragraph.
(B) An individual Any Dungeness
crab permitholder requesting an appeal may apply to the
administrative law judge for a waiver of the appeal fees. In making
the determination, the administrative law judge may only
consider medical hardship , military service, or where the
appeal is for a permanent revision to a lower tier or
military service occurring during the tier qualifying window period
of November 15, 2003, through July 15, 2008 .
(C) An appeal to revise downward a trap tag allocation shall be
decided by the department.
(b) (1) In addition to criminal penalties authorized by law, a
violation of the requirements of the program created pursuant to this
section shall be subject to the following civil penalties:
(A) Conviction of a first offense shall result in a fine of not
less than two hundred fifty dollars ($250) and not more than one
thousand dollars ($1,000) per illegal trap or fraudulent tag.
(B) Conviction of a second offense shall result in a fine of not
less than five hundred dollars ($500) and not more than two thousand
five hundred dollars ($2,500) per illegal trap or fraudulent tag, and
the permit may be suspended for one year.
(C) Conviction of a third offense shall result in a fine of not
less than one thousand dollars ($1,000) and not more than five
thousand dollars ($5,000) per illegal trap or fraudulent tag, and the
permit may be permanently revoked.
(2) The severity of a penalty within the ranges described in this
subdivision shall be based on a determination whether the violation
was willful or negligent and other factors.
(3) The portion of monetary judgments for noncompliance that are
paid to the department shall be deposited in the Dungeness Crab
Account created pursuant to subdivision (e).
(c) For the purposes of this section, a proposed recommendation
that receives an affirmative vote of at least 15 of the non-ex
officio members of the Dungeness crab task force may be transmitted
to the director or the Legislature as a recommendation, shall be
considered to be the consensus of the task force, and shall be
considered to be evidence of consensus in the Dungeness crab
industry. Any proposed recommendation that does not receive a vote
sufficient to authorize transmittal to the director or Legislature as
a recommendation shall be evidence of a lack of consensus by the
Dungeness crab task force, and shall be considered to be evidence of
a lack of consensus in the crab industry.
(d) (1) The director shall submit a proposed program pursuant to
this section to the Dungeness crab task force for review, and shall
not implement the program until the task force has had 60 days or
more to review the proposed program and recommend any proposed
changes. The director may implement the program earlier than 60 days
after it is submitted to the Dungeness crab task force for review, if
recommended by the task force.
(2) After the program is implemented pursuant to paragraph (1),
the director may modify the program, if consistent with the
requirements of this section, after consultation with the Dungeness
crab task force or its representatives and after the task force has
had 60 days or more to review the proposed modifications and
recommend any proposed changes. The director may implement the
modifications earlier than 60 days after it is sent to the Dungeness
crab task force for review, if recommended by the task force.
(e) The Dungeness Crab Account is hereby established in the Fish
and Game Preservation Fund and the fees collected pursuant to this
section shall be deposited in that account. The money in the account
shall be used by the department, upon appropriation by the
Legislature, for administering and enforcing the program.
(f) For purposes of meeting the necessary expenses of initial
organization and operation of the program until fees may be
collected, or other funding sources may be received, the department
may borrow money as needed for these expenses from the council. The
borrowed money shall be repaid within one year from the fees
collected or other funding sources received. The council shall give
high priority to providing funds or services to the department, in
addition to loans, to assist in the development of the program,
including, but not limited to, the costs of convening the Dungeness
crab task force, environmental review, and the department's costs of
attending meetings with task force members.
(g) (1) It is the intent of the Legislature that the department,
the council, and the Dungeness crab task force work with the Pacific
States Marine Fisheries Commission and the Tri-state Dungeness Crab
Commission to resolve any issues pertaining to moving the fair start
line south to the border of California and Mexico.
(2) For the purposes of this subdivision, the resolution of issues
pertaining to the fair start line shall be limited to assessing the
positive and negative implications of including District 10 in the
tri-state agreement, including working with the Tri-state Dungeness
Crab Commission to amend Oregon and Washington laws to include
District 10 in the regular season fair start clause, and discussion
of providing different rules for District 10 with regard to preseason
quality testing.
(h) For purposes of this section, "council" means the Ocean
Protection Council established pursuant to Section 35600 of the
Public Resources Code.
(i) This section shall become inoperative on April 1, 2019, and,
as of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. SEC. 3. Section 8280.3 of
the Fish and Game Code is amended to read:
8280.3. (a) Notwithstanding Article 9 (commencing with Section
8100) of Chapter 1 and except as provided in this section, a
Dungeness crab vessel permit shall not be transferred.
(b) The owner of a vessel to whom a Dungeness crab vessel permit
has been issued shall transfer the permit for the use of that vessel
upon the sale of the vessel by the permitholder to the person
purchasing the vessel. Thereafter, upon notice to the department, the
person purchasing the vessel may use the vessel for the taking and
landing of Dungeness crab for any and all of the unexpired portion of
the permit year, and that person is eligible for a permit pursuant
to Section 8280.1 for the use of that vessel in subsequent years. The
person purchasing the vessel shall not transfer the permit for use
of that vessel in the Dungeness crab fishery to another replacement
vessel during the same permit year.
(c) The owner of a vessel to whom the Dungeness crab vessel permit
has been issued may transfer the permit to a replacement vessel of
equivalent capacity, except as specified in this section. Thereafter,
upon notice to the department and payment of the transfer fee
specified in Section 8280.6, the replacement vessel may be used for
the taking and landing of Dungeness crab for any and all of the
unexpired portion of the permit year and that person is eligible for
a permit pursuant to Section 8280.1 for the use of that replacement
vessel in subsequent years.
(d) The owner of a permitted vessel may transfer the permit to a
vessel of greater capacity that was owned by that person on or before
November 15, 1995, not to exceed 10 feet longer in length overall
than the vessel for which the permit was originally issued or to a
vessel of greater capacity purchased after November 15, 1995, not to
exceed 5 feet longer in length overall than the vessel for which the
permit was originally issued.
(e) The department , upon recommendation of the Dungeness
crab review panel, may authorize the owner of a permitted
vessel to transfer the permit to a replacement vessel that was owned
by that person on or before April 1, 1996, that does not fish with
trawl nets that is greater than five feet longer in length overall
than the vessel for which the permit was originally issued, if all of
the following conditions are satisfied:
(1) A vessel of a larger size is essential to the owner for
participation in another fishery other than a trawl net fishery.
(2) The owner held a permit on or before January 1, 1995, for the
fishery for which a larger vessel is needed and has participated in
that fishery.
(3) The permit for the vessel from which the permit is to be
transferred qualified pursuant to paragraph (1) of subdivision (b) of
Section 8280.1.
(4) The vessel to which the permit is to be transferred does not
exceed 20 feet longer in length overall than the vessel for which the
permit was originally issued and the vessel to which the permit is
to be transferred does not exceed 60 feet in overall length.
(f) A transfer of a permit to a larger vessel shall not be allowed
more than one time. If a permit is transferred to a larger vessel,
any Dungeness crab vessel permit for that permit year or any
subsequent permit years for that larger vessel shall not be
transferred to another larger vessel. The department shall not
thereafter issue a Dungeness crab vessel permit for the use of the
original vessel from which the permit was transferred, except that
the original vessel may be used to take or land Dungeness crab after
that transfer if its use is authorized pursuant to another Dungeness
crab vessel permit subsequently transferred to that vessel pursuant
to this paragraph.
(g) (1) Upon the written approval of the department, the owner of
a vessel to whom the Dungeness crab vessel permit has been issued,
which has had California Dungeness crab
landings of made with trap gear documented
on department landing receipts and which has had California Dungeness
crab landings amounting to not less than 5,000 pounds
cumulative for the past two years Dungeness
crab seasons , may temporarily transfer the permit to
another a replacement vessel for which use
in the Dungeness crab fishery is not permitted pursuant to this
section or Section 8280.1 that is of equivalent size and
capacity of the originally permitted vessel, no greater
than 10 feet longer in length ,
overall than the vessel from which the permit is transferred,
for which use in the Dungeness crab fishery is not permitted
pursuant to this section or Section 8280.1, for a period
of not more than six months during the current permit year if the
vessel for which the permit was issued is seriously damaged, suffers
major mechanical breakdown, or is lost or destroyed, as determined by
the department, upon approval of the director. The owner of the
vessel shall submit proof that the department may reasonably require
to establish the existence of the conditions of this paragraph.
Only the permittee at the time of the loss, theft, damage, breakdown,
or destruction of the vessel may apply for the transfer of the
vessel permit. Proof of loss or destruction shall be documented by
submission of a copy of the report filed with the United States Coast
Guard or any other law enforcement or fire agency that investigated
the loss. In the case of mechanical breakdown, the request shall
include an estimate of the costs to repair the vessel from a marine
surveyor or boat repair yard. The department shall not issue a permit
for a replacement vessel pursuant to this subdivision if the
permitted vessel was reported lost, stolen, mechanically broken down,
destroyed, or damaged for fraudulent purposes. Upon approval
by the director, the owner of a lost or destroyed
vessel granted a six-month temporary transfer under this section may
be granted an additional six-month extension of the temporary
transfer.
(2) Notwithstanding subdivision (e) of Section 8280.2, in the
event of loss or destruction of a vessel for which a Dungeness crab
vessel permit was issued, or serious damage that renders the vessel
inoperable, and upon written approval of the department, the owner of
the vessel to whom the permit was issued may retain the permit and
may transfer the permit to another vessel of equivalent size and
capacity of the vessel that was lost or damaged during the period of
two years after the loss or damage of the vessel for which the permit
was originally issued. The owner of the lost or damaged vessel shall
submit proof that the department may reasonably require to establish
the loss or damage of the vessel. Only the permittee at the
time of the loss, theft, damage, or destruction of the vessel may
apply for the transfer of the vessel permit. Proof of loss or
destruction shall be documented by submission of a copy of the report
filed with the United States Coast Guard or any other law
enforcement or fire agency that investigated the loss. In the case of
mechanical breakdown, the request shall include an estimate of the
costs to repair the vessel from a marine surveyor or boat repair
yard. The department shall not issue a permit for a replacement
vessel pursuant to this paragraph if the lost or damaged
vessel was reported lost, stolen, destroyed, mechanically broken
down, or damaged for fraudulent purposes. The department shall only
transfer a permit pursuant to this paragraph if the lost or damaged
vessel has a current permit and the owner of the lost or damaged
vessel makes assurances in the application that any renewal of the
permit that becomes due during the application processing
period will be made. If the permit is not permanently
transferred to another vessel owned by the person to whom the
vessel permit was originally issued within two years of the loss or
damage, the permit shall be revoked become
void by operation of law .
(h) Upon written approval of the department, the owner of a vessel
to whom the Dungeness crab vessel permit has been issued may retain
that permit upon the sale of that permitted vessel for the purpose of
transferring the permit to another vessel to be purchased by that
individual within one year of the time of sale of the vessel for
which the permit was originally issued if the requirements of this
section are satisfied, including the payment of transfer fees. If the
permit is not transferred to a new vessel owned by the person to
whom the vessel permit was originally issued within one year of the
sale of the vessel for which it was originally issued, or if the
person does not retain ownership of the new vessel to which the
permit is transferred for a period of not less than one year, the
permit shall be revoked become void by
operation of law .
(i) In the event of the death or incapacity of a permitholder, the
permit shall be transferred, upon application, to the heirs or
assigns, or to the working partner, of the permitholder, together
with the transfer of the vessel for which the permit was issued, and
the new owner may continue to operate the vessel under the permit,
renew the permit, or transfer the permit upon sale of the vessel
pursuant to subdivision (b). The estate of the holder of a
transferable Dungeness crab vessel permit may renew that permit as
provided for in statute if needed to keep it valid. The estate of the
decedent may transfer that permit pursuant to these regulations no
later than two years from the date of death of the permitholder as
listed on the death certificate.
(j) This section shall become inoperative on April 1, 2019, and,
as of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 8280.6 of the Fish and
Game Code is amended to read:
8280.6. (a) The department shall charge a fee for each Dungeness
crab vessel permit of two hundred dollars ($200) for a resident of
California and four hundred dollars ($400) for a nonresident of
California, for the reasonable regulatory costs of the department.
(b) The department shall charge a nonrefundable fee of two hundred
dollars ($200) for each transfer of a permit authorized pursuant to
subdivision (c), (h), or (i) of Section 8280.3,
for the reasonable regulatory costs of the department.
(c) A vessel owner shall sign an application for transfer and
certify that the information included in the application is true to
the best of his or her information and belief.
(c)
(d) This section shall become inoperative on April 1,
2019, and, as of January 1, 2020, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2020,
deletes or extends the dates on which it becomes inoperative and is
repealed.
SEC. 5. Section 9002.5 is added to the Fish and Game Code, to
read:
9002.5. (a) Notwithstanding Section 9002, a vessel, for
which a Dungeness crab vessel permit has been issued, may retrieve
and bring to shore a Dungeness crab trap belonging to a person, where
a trap was lost, abandoned, or is otherwise present in ocean waters
within Districts 6, 7, 8,9, and 10 between July 16 and October 31,
inclusive. This section does not apply to a trap used for
recreational crab fishing the department, in
consultation with the Dungeness Crab Task Force, shall develop
regulations as necessary to provide for the retrieval of lost or
abandoned commercial crab traps .
(b) The department, in consultation with Dungeness crab
permitholders or their representatives, shall establish regulations
as necessary to implement and enforce this section, including
provisions for the notification of owners of traps retrieved
following the close of the Dungeness crab fishery each year, any
retrieval fee, and the sale or auction of retrieved traps.
(c)
( b) This section shall become inoperative on
April 1, 2019, and, as of January 1, 2020, is repealed, unless a
later enacted statute, that becomes operative on or before January 1,
2020, deletes or extends the dates on which it becomes inoperative
and is repealed.
SEC. 6. Section 13103 of the Fish and Game Code is amended to
read:
13103. Expenditures from the fish and wildlife propagation fund
of any county may be made only for the following purposes:
(a) Public education relating to the scientific principles of fish
and wildlife conservation, consisting of supervised formal
instruction carried out pursuant to a planned curriculum and aids to
education such as literature, audio and video recordings, training
models, and nature study facilities.
(b) Temporary emergency treatment and care of injured or orphaned
wildlife.
(c) Temporary treatment and care of wildlife confiscated by the
department as evidence.
(d) Breeding, raising, purchasing, or releasing fish or wildlife
which are to be released upon approval of the department pursuant to
Sections 6400 and 6401 onto land or into waters of local, state, or
federal agencies or onto land or into waters open to the public.
(e) Improvement of fish and wildlife habitat, including, but not
limited to, construction of fish screens, weirs, and ladders;
drainage or other watershed improvements; gravel and rock removal or
placement; construction of irrigation and water distribution systems;
earthwork and grading; fencing; planting trees and other vegetation
management; and removal of barriers to the migration of fish and
wildlife.
(f) Construction, maintenance, and operation of public hatchery
facilities.
(g) Purchase and maintain materials, supplies, or equipment for
either the department's ownership and use or the department's use in
the normal performance of the department's responsibilities.
(h) Predator control actions for the benefit of fish or wildlife
following certification in writing by the department that the
proposed actions will significantly benefit a particular wildlife
species.
(i) Scientific fish and wildlife research conducted by
institutions of higher learning, qualified researchers, or
governmental agencies, if approved by the department.
(j) Reasonable administrative costs, excluding the costs of audits
required by Section 13104, for secretarial service, travel, and
postage by the county fish and wildlife commission when authorized by
the county board of supervisors. For purposes of this subdivision,
"reasonable cost" means an amount which does not exceed 15 percent of
the average amount received by the fund during the previous
three-year period, or ten thousand dollars ($10,000) annually,
whichever is greater, excluding any funds carried over from a
previous fiscal year.
(k) Contributions to a secret witness program for the purpose of
facilitating enforcement of this code and regulations adopted
pursuant to this code.
( l ) Costs incurred by the district attorney or city
attorney in investigating and prosecuting civil and criminal actions
for violations of this code, as approved by the department.
(m) Other expenditures, approved by the department, for the
purpose of protecting, conserving, propagating, and preserving fish
and wildlife.
SEC. 7. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 7. SEC. 8. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
Improved ability for Dungeness crab quality testing should
commence prior to the 2012-13 crab season which may begin November
15, 2012. This improved testing will provide the Director of the
Department of Fish and Game vital information that was lacking during
the 2011-12 crab season. Without this improved testing, the crab
season could be prematurely opened or unnecessarily closed.