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(pdf version)

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 the Fish and Game Code,
relating to commercial fishing.


LEGISLATIVE COUNSEL'S DIGEST


SB 369, as introduced, 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. 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 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2013, are repealed.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, 2015, and would repeal those provisions on January 1, 2016.
(2) 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, the bill would create a state-mandated
local program by creating new crimes.
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; however, any edible crabmeat recovered from the
crabs tested shall not be wasted and may be used for charitable
purposes.
(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
no 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, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

(d) This section shall become inoperative on April 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, 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 may
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, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

(c) This section shall become inoperative on April 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 3. Section 8279.1 of the Fish and Game Code is amended to
read:
8279.1. (a) No 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) No 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) No 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) No 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 shall not constitute
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, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

(f) This section shall become inoperative on April 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 4. Section 8280.1 of the Fish and Game Code is amended to
read:
8280.1. (a) No 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.
This section does not apply to a commercially registered fishing
vessel when if it is being used solely
to assist a permitted vessel transport or set traps.
(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 shall , notwithstanding
paragraph (1) of subdivision (a)
(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.
No
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) No 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) If any person submits false information for the purposes of
obtaining a Dungeness crab vessel permit under this section, the
department shall revoke that permit, if issued, revoke the person's
commercial fishing license that was issued pursuant to Section 7850
for a period of not less than five years, and revoke the commercial
boat registration for a period of not less than five years of any
vessel registered to that person pursuant to Section 7881 of which
that person is the owner.
(h) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

(h) This section shall become inoperative on April 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 5. Section 8280.2 of the Fish and Game Code is amended to
read:
8280.2. (a) The owner of a Dungeness crab vessel, for purposes of
this section, may include a person with a bona fide contract for the
purchase of a vessel who otherwise meets all other qualifications
for a Dungeness crab vessel permit. If a contract is found to be
fraudulent or written or entered into for the purposes of
circumventing qualification criteria for the issuance of a permit,
the applicant shall be permanently ineligible for a Dungeness crab
vessel permit.
(b) A Dungeness crab vessel permit shall be issued only to the
person owning the vessel at the time of application for that permit.
No 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. No 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. No 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. No minimum 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, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

(f) This section shall become inoperative on April 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 6. 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.
(1)

(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 may
shall not transfer the permit for use of that
vessel in the Dungeness crab fishery to another replacement vessel
during the same permit year.
(2)

(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.
The

(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 five feet longer in
length overall than the vessel for which the permit was originally
issued.
The

(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:
(A)

(1) A vessel of a larger size is essential to the owner
for participation in another fishery other than a trawl net fishery.

(B)

(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.
(C)

(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.
(D)

(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.
No

(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 may 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.
(3)

(g) 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.
(4)

(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.
(5)

(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 paragraph (1) subdivision
(b)
.
(b) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

(j) This section shall become inoperative on April 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 7. 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, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

(b) This section shall become inoperative on April 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 8. 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, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

(f) This section shall become inoperative on April 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 9. 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
paragraph (2), (4), or (5) of subdivision
(a)
(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, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

(c) This section shall become inoperative on April 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

SEC. 10. 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.