Headlines  |  Bills  |  The Nooner  |  Code/Laws  |  ElectionTrack $$$   |  Elections  |  About   |  Contact Scott |  
OR: Create Account  Log In

Get Scott's free daily lunchtime California Capitol news update, THE NOONER:
   
(): (California Senate Bill)

help



join the cool folks
and advertise on aroundthecapitol.com


california legislation > ():
Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN ASSEMBLY SEPTEMBER 2, 2011
AMENDED IN ASSEMBLY AUGUST 15, 2011
AMENDED IN ASSEMBLY JULY 5, 2011
AMENDED IN ASSEMBLY JUNE 22, 2011

INTRODUCED BY Senator Evans

FEBRUARY 15, 2011

An act to amend Sections 8276.2, 8276.3, 8279.1, 8280.1, 8280.2,
8280.3, 8280.4, 8280.5, and 8280.6 of, and to add and repeal Sections
8276.4 and 8276.5 of, the Fish and Game Code, relating to commercial
fishing.



LEGISLATIVE COUNSEL'S DIGEST


SB 369, as amended, Evans. Dungeness crab.
(1) Existing law regulates the Dungeness crab fishery and, among
other things, permits the Director of Fish and Game to delay the
opening of the fishery in specified situations and regulates the
taking of crab during those delays. Existing law sets forth the
qualifications for a Dungeness crab vessel permit, and provides that
no person shall use a vessel to take, possess, or land Dungeness crab
for commercial purposes without a Dungeness crab vessel permit.
Existing law sets forth requirements for the issuance, transfer, and
revocation of a vessel permit, and prescribes fees for each permit or
permit transfer. Under existing law, the holder of a Dungeness crab
vessel permit, upon approval of the department
Department of Fish and Game , is authorized to temporarily
transfer the permit to a replacement vessel for a period of up to 6
months during the current permit year, if the permitted vessel is
seriously damaged, suffers major mechanical breakdown, or is lost or
destroyed. Existing law requires the director to convene a Dungeness
crab review panel for the purpose of reviewing applications for
vessel permits and permit transfers, if the Department of
Fish and Game
department makes a specified
determination. Existing law provides that those provisions shall
become inoperative on April 1, 2012, and, as of January 1, 2013, are
repealed.
This bill would extend the operation of those provisions until
April 1, 2018, 2019, and would repeal
those provisions on January 1, 2019 2020
.
The bill would subject a person who fishes without a Dungeness
crab vessel permit, or who uses a Dungeness crab vessel permit to
fish illegally on a vessel other than the permitted one, to specified
penalties. The bill would authorize a person to whom a Dungeness
crab vessel permit is issued to retain the permit, and to transfer
the permit to another vessel owned by that person, during a period of
2 years, in the event that the vessel for which the permit was
originally issued is lost, destroyed, or seriously damaged, subject
to approval by the department. The bill would require a permit
retained under these circumstances to be revoked if it is not
transferred to a replacement vessel within the 2-year period.
The bill would require the director to adopt a program, by
July 1, 2012, March 31, 2013, for
Dungeness crab trap limits for all California permits. The director
would be required to make specified allocations of crab trap tags.
The program would require participants to pay a $5 crab trap tag fee
and a $1,000 crab trap limit fee, as provided. The bill would create
the Dungeness Crab Account in the Fish and Game Preservation Fund,
and would require the fees collected to be deposited in that account.
The money in the account would be available, upon appropriation by
the Legislature, for administering and enforcing the program. The
bill would require the imposition of specified penalties for a
violation of the program requirements. The bill would create a
Dungeness crab task force to make recommendations relating to the
program, and meet other requirements, as provided. These provisions
would become inoperative on April 1, 2018,
2019,
and would be repealed on January 1, 2019
2020 .
(2) Existing law authorizes the director to authorize one or more
operators of commercial fishing vessels to take and land a limited
number of Dungeness crab in November of each year for the purpose of
quality testing according to a testing program and prohibits the sale
of crab taken pursuant to the testing program, except for edible
crabmeat, which may be used for charitable purposes.
This bill would remove that exception for edible crabmeat used for
charitable purposes.
(3) Under existing law, except as expressly provided otherwise,
any violation of the Fish and Game Code, or of any rule, regulation,
or order made or adopted under the code, is a misdemeanor.
Because this bill would extend the operation of the Dungeness
crab vessel permit program and thereby the crimes imposed for a
violation of those provisions, and impose additional requirements the
violation of which may be crimes, the bill would create a
state-mandated local program by creating new crimes.
(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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

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) 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. The department shall not approve a
testing program unless it is funded by the entity authorized to
conduct the testing program. Crab taken pursuant to this section
shall not be sold.
(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,
2018
2019 , and, as of January 1, 2019
2020 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019
2020 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 2. Section 8276.3 of the Fish and Game Code is amended to
read:
8276.3. (a) If there is any delay ordered by the director
pursuant to Section 8276.2 in the opening of the Dungeness crab
fishery in Districts 6, 7, 8, and 9, a vessel shall not take or land
crab within Districts 6, 7, 8, and 9 during any closure.
(b) If there is any delay in the opening of the Dungeness crab
season pursuant to Section 8276.2, the opening date in Districts 6,
7, 8, and 9 shall be preceded by a 36 hour gear setting period, as
ordered by the director.
(c) This section shall become inoperative on April 1,
2018
2019 , and, as of January 1, 2019
2020 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019
2020 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 3. Section 8276.4 is added to the Fish and Game Code, to
read:
8276.4. (a) The Ocean Protection Council shall make a grant, upon
appropriation of funding by the Legislature, for the development and
administration of a Dungeness crab task force. The membership of the
Dungeness crab task force shall be comprised of all of the
following:
(1) Two members representing sport fishing interests.
(2) Two members representing crab processing interests.
(3) One member representing commercial passenger fishing vessel
interests.
(4) Two ex officio nonvoting members
representing nongovernmental organization interests.
(5) One ex officio nonvoting
representative of Sea Grant.
(6) Two ex officio nonvoting members
representing the department.
(7) Seventeen members representing commercial fishery interests,
elected by licensed persons possessing valid Dungeness crab permits
in their respective ports and production levels, as follows:
(A) Four members from Crescent City.
(B) One member from Trinidad.
(C) Two members from Eureka.
(D) Two members from Fort Bragg.
(E) Two members from Bodega Bay.
(F) Two members from San Francisco.
(G) Two members from Half Moon Bay.
(H) One member from ports south of Half Moon Bay.
(I) One member who has a valid California nonresident crab permit.

(b) For ports with more than one representative, elected members
and their alternates shall represent both the upper and lower, and in
some cases middle, production levels. Production levels shall be
based on the average landing during the previous five years, of valid
crab permitholders who landed a minimum of 25,000 pounds of crab
during the same period.
(c) The Dungeness crab task force shall do all of the following:
(1) Review and evaluate the Dungeness crab management measures
described in Section 8276.5, with initial recommendations to the
Joint Committee on Fisheries and Aquaculture, the department, and the
commission, no later than January 15, 2014
2015
, and final recommendations to those entities no later
than January 15, 2016 2017 .
(2) Make recommendations by January 15, 2014
2015 , on all of the following: the need for a permanent
Dungeness crab advisory committee, the economic impact of the program
described in Section 8276.5 on permitholders of different tiers and
the economies of different ports, the cost of the program to the
department, including enforcement costs, the viability of a buyout
program for the permitholders described in subparagraph (G) of
paragraph (1) of subdivision (a) of Section 8276.5, refining sport
and commercial Dungeness crab management, and the need for statutory
changes to accomplish task force objectives.
(3) In considering Dungeness crab management options, prioritize
the review of pot limit restriction options, current and future sport
and commercial fishery effort, season modifications, essential
fishery information needs, and short- and long-term objectives for
improved management.
(d) The task force may establish subcommittees of specific user
groups from the task force membership to focus on issues specific to
sport fishing, commercial harvest, or crab processing. The
subcommittees shall report their recommendations, if any, to the task
force.
(e) The Ocean Protection Council may include in a grant funding to
cover department staffing costs, as well as task force
participant travel
travel costs for task force
participants as specified in paragraph (6) of subdivision (a)
.

(f) Except as otherwise provided in Section 8276.5, a
recommendation shall be forwarded to the Joint Committee on Fisheries
and Aquaculture, the department, and the commission upon an
affirmative vote of at least two-thirds of the task force members.
(g) Eligibility to take crab in state waters and offshore for
commercial purposes may be subject to restrictions, including, but
not limited to, restrictions on the number of traps utilized by that
person, if either of the following occurs:
(1) A person holds a California Dungeness crab permit with
California landings of less than 5,000 pounds between November 15,
2003, and July 15, 2008, inclusive, as reported in California
landings receipts.
(2) A person has purchased a Dungeness crab permit on or after
July 15, 2008, from a permitholder whose California landings were
less than 5,000 pounds between November 15, 2003, and July 15, 2008,
inclusive, as reported in California landings receipts.
(h) This section shall become inoperative on April 1,
2018
2019 , and, as of January 1, 2019
202 0 , is repealed, unless a later
enacted statute, that becomes operative on or before January 1,
2019 2020 , deletes or extends the
dates on which it becomes inoperative and is repealed.
SEC. 4. Section 8276.5 is added to the Fish and Game Code, to
read:
8276.5. (a) In consultation with the Dungeness crab task force,
or its appointed representatives, the director shall adopt a program,
by July 1, 2012 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 (h) 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. Excess funds
collected by the department shall be used 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) An individual may submit an appeal of a trap tag allocation
received pursuant to this section, by July 1, 2013
March 31, 2014 , to the director on a permit-by-permit
basis for the purpose of revising upward or downward any trap tag
allocation 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. An individual
requesting an appeal 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) (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,
2018
2019 , and, as of January 1, 2019
2020 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019
2020 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 5. Section 8279.1 of the Fish and Game Code is amended to
read:
8279.1. (a) A person shall not take, possess onboard, or land
Dungeness crab for commercial purposes from any vessel in ocean
waters in District 6, 7, 8, or 9 for 30 days after the opening of the
Dungeness crab fishing season in California, if both of the
following events have occurred:
(1) The opening of the season has been delayed pursuant to state
law in California.
(2) The person has taken, possessed onboard, or landed Dungeness
crab for commercial purposes, from ocean waters outside of District
6, 7, 8, or 9, prior to the opening of the season in those districts.

(b) A person shall not take, possess onboard, or land Dungeness
crab for commercial purposes from any vessel in ocean waters south of
the border between Oregon and California for 30 days after the
opening of the Dungeness crab fishing season in California, if both
of the following events have occurred:
(1) The opening of the season has been delayed pursuant to state
law in California.
(2) The person has taken, possessed onboard, or landed Dungeness
crab for commercial purposes in Oregon or Washington prior to the
opening of the season in California.
(c) A person shall not take, possess onboard, or land Dungeness
crab for commercial purposes from any vessel in ocean waters north of
the border between Oregon and California for 30 days after the
opening of the Dungeness crab fishing season in Oregon or Washington,
if both of the following events have occurred:
(1) The opening of the season has been delayed in Oregon or
Washington.
(2) The person has taken, possessed onboard, or landed Dungeness
crab for commercial purposes in California prior to the opening of
the season in ocean waters off Oregon or Washington.
(d) A person shall not take, possess onboard, or land Dungeness
crab for commercial purposes from any vessel in ocean waters off
Washington, Oregon, or California for 30 days after the opening of
the Dungeness crab fishing season in California, Oregon, or
Washington, if both of the following events have occurred:
(1) The opening of the season has been delayed in Washington,
Oregon, or California.
(2) The person has taken, possessed onboard, or landed Dungeness
crab for commercial purposes in either of the two other states prior
to the delayed opening in the ocean waters off any one of the three
states.
(e) A violation of this section does not constitute a misdemeanor.
Pursuant to Section 7857, the commission shall revoke the Dungeness
crab vessel permit held by any person who violates this section.
(f) This section shall become inoperative on April 1,
2018
2019 , and, as of January 1, 2019
2020 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019
2020 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 6. Section 8280.1 of the Fish and Game Code is amended to
read:
8280.1. (a) A person shall not 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 a Dungeness crab vessel permit for that vessel that has
not been suspended or revoked.
(b) A Dungeness crab vessel permit may be issued only to the
following persons for use on qualifying vessels:
(1) A person, who has a commercial fishing license issued pursuant
to Section 7852 or Article 7 (commencing with Section 8030) of
Chapter 1 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. This paragraph
includes any person purchasing a vessel qualifying pursuant to this
paragraph.
(2) A person who has a commercial fishing license issued pursuant
to Section 7852 or Article 7 (commencing with Section 8030) of
Chapter 1 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 who has a commercial fishing license issued pursuant
to Section 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, notwithstanding subdivision (b) of
Section 8280.3, shall 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. A person shall not 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 commercial fishing license issued pursuant
to Section 7852 that has not been suspended or revoked, who meets one
of the following conditions:
(A) The person held a Dungeness crab permit issued pursuant to
Section 8280 as it read on April 1, 1994, and 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) The person held a Dungeness crab permit issued under Section
8280 as it read on April 1, 1994, and 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.
(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) of Chapter 1 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 condition only if the person intended in good faith to
participate in the California Dungeness crab fishery, 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 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, 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, 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), who has
continuously owned that vessel since its purchase or construction,
and who either (A) has used that vessel for the taking 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, 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, 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. 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 in overall length, to be
placed on a vessel that the person purchases or contracts for
construction on or before April 1, 1996. 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) A person shall not be issued a Dungeness crab vessel permit
under this section for any vessel unless that person has a valid
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 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) (1) 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.
(2) In addition to criminal penalties authorized by law, a person
who fishes without a Dungeness crab vessel permit, or who uses a
Dungeness crab vessel permit to fish illegally on another vessel
other than the permitted one, shall be subject to a fine not more
than twenty thousand dollars ($20,000) and, at the discretion of the
department, revocation of the person's fishing license for a period
not to exceed five years and revocation of the commercial boat
registration license for a period not to exceed five years.
(h) This section shall become inoperative on April 1,
2018
2019 , and, as of January 1, 2019
2020 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019
2020 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 7. 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.
A person shall not 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. A permit shall not 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. A 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 not 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) 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. The
vessel owner shall have a valid commercial fishing license issued to
that person pursuant to Section 7852 that has not been suspended or
revoked. Minimum landings of Dungeness crab shall not be required
annually to be eligible for a Dungeness crab vessel permit.
(f) This section shall become inoperative on April 1,
2018
2019 , and, as of January 1, 2019
2020 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019
2020 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 8. 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 may
temporarily transfer the permit to another replacement vessel, 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. 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 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. If the permit is not 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.
(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.
(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).
(j) This section shall become inoperative on April 1,
2018
2019 , and, as of January 1, 2019
2020 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019
2020 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 9. Section 8280.4 of the Fish and Game Code is amended to
read:
8280.4. (a) The commission may revoke the commercial fishing
license issued pursuant to Section 7852 of any person owning a
fishing vessel engaging in the taking or landing of Dungeness crab by
traps for which that person has not obtained a Dungeness crab vessel
permit, and the commission may revoke the registration, issued
pursuant to Section 7881, for that vessel.
(b) This section shall become inoperative on April 1,
2018
2019 , and, as of January 1, 2019
2020 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019
2020 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 10. Section 8280.5 of the Fish and Game Code is amended to
read:
8280.5. (a) The director shall convene a Dungeness crab review
panel for the purpose of reviewing applications for Dungeness crab
vessel permits pursuant to paragraphs (2) and (4) of subdivision (b)
of Section 8280.1 and applications for permit transfers pursuant to
Section 8280.3 if the department determines that the additional
review and advice of the panel will be helpful in deciding whether to
issue a permit or approve a transfer.
(b) The panel shall consist of one nonvoting representative of the
department and three public voting members selected by the director
to represent the Dungeness crab fishing industry. One public member
shall be licensed pursuant to Article 7 (commencing with Section
8030) of Chapter 1 and active in Dungeness crab processing in this
state. Two public members shall be licensed pursuant to Section 7852,
one from Sonoma County or a county south of Sonoma County, and one
from Mendocino County or a county north of Mendocino County, and
active in the taking and landing of Dungeness crab in this state. The
public members shall be reimbursed for their necessary and proper
expenses to participate on the panel. A public member shall serve on
the panel for not more than four consecutive years.
(c) The panel may conduct its review of applications referred to
it by mail or teleconference.
(d) The panel shall review each application for a permit or permit
transfer referred to it by the department and shall consider all
oral and written evidence presented by the applicant that is
pertinent to the application under review. If the panel recommends
issuance of a permit or approval of the transfer, the department may
issue a Dungeness crab vessel permit pursuant to Section 8280.1 or
approve a permit transfer pursuant to Section 8280.3.
(e) All appeals of denials of Dungeness crab vessel permits shall
be made to the commission and may be heard by the commission if the
appeal of denial is filed in writing with the commission not later
than 90 days from the date of a permit denial. The commission may
order the department to issue a permit upon appeal if the commission
finds that the appellant qualified for a permit under this chapter.
(f) This section shall become inoperative on April 1,
2018
2019 , and, as of January 1, 2019
2020 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019
2020 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 11. 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) This section shall become inoperative on April 1,
2018
2019 , and, as of January 1, 2019
2020 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019
2020 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 12. 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.