Bill Text: CA SB262 | 2019-2020 | Regular Session | Chaptered
Bill Title: Marine resources: commercial fishing and aquaculture: regulation of operations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-02 - Chaptered by Secretary of State. Chapter 472, Statutes of 2019. [SB262 Detail]
Download: California-2019-SB262-Chaptered.html
Senate Bill
No. 262
CHAPTER 472
An act to amend Sections 8051, 8231, 8233.5, 8238, 8238.1, 8239, 8239.1, 8241, 8243, 8244, 8245, 8246, 8246.2, 8246.4, 8246.7, 8280.3, 8405.4, and 9002.5 of, and to repeal Sections 8239.2, 8239.9, 8245.5, 8247, 8247.1, 8247.2, 8247.3, 8247.4, 8247.5, 8247.6, 8247.7, and 8247.8 of, the Fish and Game Code, and to add and repeal Section 30612.5 of the Public Resources Code, relating to marine resources.
[
Approved by
Governor
October 02, 2019.
Filed with
Secretary of State
October 02, 2019.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 262, McGuire.
Marine resources: commercial fishing and aquaculture: regulation of operations.
(1) Existing law regulating commercial fishing imposes, or authorizes the imposition of, various license, permit, and registration fees. Existing law requires specified persons to pay landing fees relating to the sale of fish quarterly to the Department of Fish and Wildlife, based on a rate schedule applicable to listed aquatic species. Existing law authorizes the department to assess a fee on persons growing aquaculture products on public lands and in public waters based on the price per pound of the products sold, not to exceed the rates provided in the rate schedule applicable to wild-caught aquatic species.
Under existing law, the changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, is used
as the index to determine an annual rate of increase or decrease in the fees for licenses, stamps, permits, tags, or other entitlements issued by the Department of Fish and Wildlife.
This bill would make that landing fee rate schedule applicable to the 2020 calendar year, and require that the schedule be adjusted annually thereafter pursuant to that specified federal index.
(2) Existing law provides for the appointment of a 5-member commercial salmon fishing review board to function as an advisory body to the Department of Fish and Wildlife regarding commercial salmon fishing.
This bill would eliminate the review board and would make conforming changes.
(3) Existing law makes it unlawful to take or possess salmon for commercial purposes on a vessel unless the owner of the vessel has a valid commercial salmon vessel permit for the use of that vessel. Existing law authorizes a vessel owner to apply to the Department of Fish and Wildlife to transfer a commercial salmon vessel permit to a replacement vessel, and requires the department to issue the permit for use of the replacement vessel if it determines, among other things, that the replacement vessel has the same fishing potential as, or less fishing potential than, the permitted vessel. Existing law requires the department to establish and adopt a vessel classification system to determine the fishing potential of replacement vessels for an application to transfer a permit.
For applications to transfer a permit to a replacement vessel, this bill would instead require the department to determine the
fishing potential of the permitted vessel and the replacement vessel by multiplying the length of the vessel by the breadth of the vessel by the depth of the vessel based on figures provided to the department in a vessel marine survey conducted by a licensed marine surveyor or on a current certificate of documentation issued by the United States Coast Guard. The bill would make other related changes with regard to the transferability of these permits.
(4) Existing law provides that no person shall use a vessel to take, possess, or land Dungeness crab for commercial purposes using Dungeness crab traps without a Dungeness crab vessel permit. Existing law establishes one category of Dungeness crab vessel permit that becomes null and void upon the death of the permittee. Existing law prohibits the transfer of a Dungeness crab vessel permit except under certain circumstances.
This bill would further
restrict the transfer of the above-described category of Dungeness crab vessel permit by prohibiting the transfer of these permits under 3 of the authorized methods of transferring a Dungeness crab vessel permit. The bill would make other changes to 2 of the authorized methods of transferring a Dungeness crab vessel permit.
(5) Existing law governs the sea cucumber fishery in this state. Under existing law, sea cucumbers cannot be taken, possessed aboard a boat, or landed by a person for commercial purposes except under a valid sea cucumber permit issued by the Department of Fish and Wildlife. The Fish and Game Commission is authorized to adopt
regulations that it determines may reasonably be necessary to protect the sea cucumber resource and ensure a sustainable sea cucumber fishery or to enhance enforcement activities. A violation of these provisions or regulations adopted pursuant to those provisions is a crime. Existing law makes these provisions inoperative on April 1, 2020.
This bill would extend the operation of those provisions until April 1, 2030. Because this bill would extend the operation of the sea cucumber permit program and thereby the crimes imposed for a violation of those provisions, the bill would create a state-mandated local program.
(6) Existing law requires the Department of Fish and Wildlife, by June 30, 2019, and until April 1, 2029, to establish a retrieval permit that grants a person who obtains a retrieval permit the authority to retrieve Dungeness crab traps located in ocean waters belonging to another person without written permission from that person during the closed season of the Dungeness crab commercial fishery. Existing law authorizes the Director of Fish and Wildlife to restrict the take of Dungeness crab under specified circumstances to reduce the risk of marine life entanglement.
This bill would also authorize a retrieval permitholder to retrieve Dungeness crab traps during a period of time in which the director restricts the take of Dungeness crab to reduce the risk of marine entanglement if the director authorizes retrieval permitholders to retrieve traps during that time period.
(7) Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast. The act requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided.
This bill, by December 31, 2020, would require the commission, in consultation with the Department of Fish and Wildlife, any other state agency relevant to coastal permitting, and stakeholders, to develop guidance for applicants for coastal development permits for shellfish, seaweed, and other low-trophic mariculture production and restoration, as specified. The bill would
repeal these provisions on July 1, 2021.
(8) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8051 of the Fish and Game Code is amended to read:8051.
(a) The landing fee imposed pursuant to Section 8041 shall be determined pursuant to Section 8042 by using the fee rates in the following schedule, as adjusted pursuant to subdivision (b):Rate per pound | |
Lobster | $ 0.1333 |
Spot prawn and abalone | $ 0.1000 |
Salmon and swordfish, based only on the weight in the round | $ 0.0333 |
Halibut, sea cucumber, white seabass, sheephead, and Dungeness crab | $ 0.0333 |
Shortspine thornyhead, sablefish, lingcod, and prawns and shrimp (except spot prawn and pink shrimp) | $ 0.0133 |
Angel, thresher, and bonito sharks, based only on the weight in the round | $ 0.0097 |
All fish and invertebrates unless otherwise specified | $ 0.0067 |
Sea urchin, pink shrimp, smelts, soles, turbot, longspine thornyhead, night smelt, and sanddabs | $ 0.0047 |
Bonito, flounder, grenadiers, herring, and skates | $ 0.0027 |
Market squid | $ 0.0023 |
Anchovy, mackerel, sardines, and Pacific whiting | $ 0.0010 |
(b) (1) The fee rates specified in subdivision (a) are applicable to the 2020 calendar year, and shall be adjusted annually thereafter pursuant to this subdivision.
(2) The changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and
Services, as published by the United States Department of Commerce, shall be used as the index to determine an annual rate of increase or decrease in the fee rates specified in subdivision (a).
(3) The department shall determine the change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, for the quarter ending March 31 of the current year compared to the quarter ending March 31 of the previous year. The relative amount of the change shall be multiplied by the current fee rates.
(4) The product of the calculation made pursuant to paragraph (3) shall be added to the applicable fee rate for the current year. The resulting amounts shall be the fee rates for the calendar year beginning
on or after January 1 of the next succeeding calendar year.
(c) The calculations provided for in this section shall be reported by the department to the Legislature with the Governor’s Budget Bill.
(d) The Legislature finds that all revenue generated by fee rates computed under this section, and used for the purposes for which they were imposed, are not subject to Article XIII B of the California Constitution.
SEC. 2.
Section 8231 of the Fish and Game Code is amended to read:8231.
The following definitions govern the construction of this article:(a) “Agent” means the person designated in writing by the owner as the owner’s representative.
(b) “Change of ownership” means the transfer of ownership of a permitted vessel to a new owner.
(c) “Commercial salmon vessel permit” means an annual permit issued by the department to an owner of a commercial fishing vessel for use of that vessel to take salmon for commercial purposes and shall not be considered personal property.
(d) “Fishing potential” means the capability and capacity for harvesting salmon of a particular commercial fishing vessel.
(e) “Permit” means a commercial salmon vessel permit as defined in subdivision
(c).
(f) “Permitted vessel” means a commercial fishing vessel for which a permit is currently valid.
(g) “Replacement vessel” means a commercial fishing vessel for the use of which a permit is proposed to be transferred pursuant to this article.
(h) “Transfer” means the issuance of a permit for use of a replacement vessel.
SEC. 3.
Section 8233.5 of the Fish and Game Code is amended to read:8233.5.
Except as otherwise provided in this article, the department shall change the designation of the holder of a permit, and with it shall go all rights, privileges, and obligations of a permit holder, including rights of renewal, upon receipt of a notice of change of ownership to a new owner of a permitted vessel. A permit changed pursuant to this section is valid for the permit year during which it is issued.SEC. 4.
Section 8238 of the Fish and Game Code is amended to read:8238.
(a) On or before January 1, 1991, the department, in consultation with the commercial salmon fishing review board, created pursuant to former Section 8247, shall establish and adopt, in the manner prescribed in former Section 8238.3, as that section read on January 1, 1991, a vessel classification system to determine the fishing potential of prospective vessels for applications for new, original permits.(b) Commencing January 1, 2020, for applications to transfer a permit to a replacement vessel, the department shall determine the fishing potential of the permitted vessel and the replacement vessel by multiplying the length of the vessel by the breadth of the vessel by the depth of the vessel based on figures provided to the department in a vessel marine survey conducted by a licensed marine surveyor or on a current certificate of documentation issued by the United States Coast Guard.
SEC. 5.
Section 8238.1 of the Fish and Game Code is amended to read:8238.1.
The vessel classification system shall be used by the department for issuance of new original vessel permits pursuant to Section 8243.SEC. 6.
Section 8239 of the Fish and Game Code is amended to read:8239.
A transfer may be approved and a permit issued for use of a replacement vessel pursuant to Section 8241 under all of the following conditions:(a) The vessel owner submits a written request for the transfer to the department on a form provided by the department and pays a nonrefundable transfer fee of two hundred dollars ($200).
(b) The permit for the permitted vessel is current, and the owner of the permitted vessel makes assurances in the application that any renewal of the permit that
becomes due during the application processing period will be made.
(c) Proof of ownership is submitted to the department for the permitted vessel and replacement vessel.
(d) The vessel owner submits
a vessel marine survey conducted by a licensed marine surveyor or a current certificate of documentation issued by the United States Coast Guard that contains the necessary information for the department to establish that the replacement vessel has the same fishing potential as, or less fishing potential than, the permitted vessel.
(e) Under penalty of perjury, the vessel owner signs the application for transfer and certifies that the included information is true to the best of
their information and belief.
(f) The same transfer has not been requested within the previous 12 months or the same transfer has not previously been denied and that denial is final, unless the application or supporting information are different than that contained in the previous application, as determined by the department.
(g) Except as provided in Section 8239.1, the permit has not been transferred to a replacement vessel during the same permit year.
(h) The permittee has written authority from the legal owner, if other than the permittee or mortgager, if any, to transfer the vessel permit from the permitted vessel.
SEC. 7.
Section 8239.1 of the Fish and Game Code is amended to read:8239.1.
Unless otherwise prohibited, the department shall accept a transfer application within two years after the date that a permitted vessel was lost, stolen, or destroyed, notwithstanding any inability to physically examine the permitted vessel to determine its salmon fishing potential. Only the permittee at the time of the loss, theft, or destruction of the vessel may apply for the transfer of the vessel permit. Proof that a vessel is lost, stolen, or destroyed shall be in the form of a copy of the report filed with the United States Coast Guard or any other law enforcement agency or fire department investigating the loss. The department shall only transfer a permit pursuant to this section if the permit remains valid during the entire period following the loss, theft, or destruction, and while the transfer application is pending. If the permittee does not submit a transfer application within two years after the permitted vessel was lost, stolen, or destroyed, or if the department denies the transfer application later than two years after a permitted vessel was lost, stolen, or destroyed, the permit is null and void.SEC. 8.
Section 8239.2 of the Fish and Game Code is repealed.SEC. 9.
Section 8239.9 of the Fish and Game Code is repealed.SEC. 10.
Section 8241 of the Fish and Game Code is amended to read:8241.
The department shall issue the permit for use of a replacement vessel if it determines that the conditions specified in Section 8239 have been satisfied and the replacement vessel has the same fishing potential as, or less fishing potential than, the permitted vessel.SEC. 11.
Section 8243 of the Fish and Game Code is amended to read:8243.
(a) If the department determines that the number of permitted vessels is less than 2,500, the department shall determine the number and vessel classification for which any new, original permits may be issued to bring the total number of permitted vessels to no more than 2,500.(b) New, original permits to be issued shall be authorized by vessel classifications established under Section 8238.
SEC. 12.
Section 8244 of the Fish and Game Code is amended to read:8244.
(a) An applicant may apply for a new, original permit as an individual, a joint venture, or a corporation. The applicant may submit only one application annually. The application shall be made on a form provided by the department.(b) An applicant for a new, original permit under this section shall submit a completed application as directed by the department. The completed application, and the application fees prescribed in subdivision (c), shall be delivered or postmarked on or before February 1 in order to be considered for permits for the subsequent permit year.
(c) The applicant shall submit with the application a nonrefundable application fee determined
by the department in an amount sufficient to pay the costs of administering the issuance of new, original permits by the department, which shall be not less than thirty-five dollars ($35).
(d) The department shall determine the fishing potential of the vessel for use of which the new, original permit is to be issued and otherwise determine if the applicant is eligible to be issued a permit under this article.
SEC. 13.
Section 8245 of the Fish and Game Code is amended to read:8245.
(a) The department shall conduct a drawing from the applicants determined to be eligible for new, original permits pursuant to Section 8244 on the first Friday in March of each year that new, original permits are authorized to be issued pursuant to Section 8243.(b) (1) The department shall issue a permit to each of those applicants who are drawn upon payment of the fees prescribed in paragraph (2) for the permit and, except as provided in subdivision (d), submittal of sufficient information to establish that the applicant is the owner of a vessel within the vessel classification designated in the application.
(2) The amount of the fees
for a permit issued under this section are the same as the amount of the fees for renewal of a permit for the subsequent license year beginning on April 1 that are established pursuant to subdivision (b) of Section 8235. A successful applicant shall pay the fees for the permit on or before March 31. The department shall deposit the fees to the fund pursuant to Section 13001.
(c) Except as provided in subdivision (d), a successful applicant shall submit proof of ownership of the vessel to be used under the permit within 90 days of the drawing.
(d) (1) A successful applicant may request one extension of no more than 90 days to obtain a vessel as designated in the
application. The
department may grant that extension.
(2) If any successful applicant does not establish that the applicant is the owner of a vessel as designated in the application and affix the new permit on that vessel or on another vessel with the same or less fishing potential, as determined by the department, within 90 days or by the end of a 90 day extension granted by the department, the new permit is null and void.
(3) The department
is not liable for any risk of failure by the applicant to obtain a vessel that is designated in an application or to complete the process for determination of the fishing potential of another vessel, or for failure by the applicant to obtain that other vessel, in the time prescribed in this section.
SEC. 14.
Section 8245.5 of the Fish and Game Code is repealed.SEC. 15.
Section 8246 of the Fish and Game Code is amended to read:8246.
(a) At any time after notice of an order suspending or revoking of a person’s commercial salmon fishing privilege is issued by the commission, and before the order of suspension or revocation is final, the commission may, with the agreement of the person subject to the action, compromise or dismiss the action to suspend or revoke the commercial salmon fishing privilege in the best interests of the state, or the commission may compromise or dismiss the action with the agreement of the person subject to the action on terms and conditions, which may include, but are not limited to, the payment of civil damages, the reduction of a revocation to a suspension for a specified period of time, or any other terms and conditions.(b) The commission, after notice and opportunity for
hearing, may suspend or revoke the commercial fishing privilege, authorized under a license issued for the purposes of Section 7850, for any violation of a term or condition of an agreement to compromise or dismiss a separate suspension or revocation action that was made pursuant to subdivision (a).
(c) If the commission orders a suspension or revocation of a person’s commercial salmon fishing privilege, any permit issued pursuant to this article shall be renewed when the next renewal is due or the
permit shall expire as provided in Section 8233.
(d) Subdivision (b) does not apply if an action is brought to recover civil damages under Section 2014 from the person subject to action under this section.
SEC. 16.
Section 8246.2 of the Fish and Game Code is amended to read:8246.2.
(a) The commission, in consultation with the department, shall adopt regulations for the determination of civil damages provided for in subdivision (b) of Section 8246 that give due consideration to the appropriateness of the civil damages with respect to all of the following factors:(1) The gravity of
the violation.
(2) The good faith of the convicted licensee.
(3) The history of previous violations.
(4) The damage to the fishery.
(5) The cost of restoration of the fishery.
(b) Civil damages imposed under subdivision (b) of Section 8246 shall be due and payable on or before a date that is 30 days after the compromise is entered into.
SEC. 17.
Section 8246.4 of the Fish and Game Code is amended to read:8246.4.
The commission, after notice and opportunity for hearing, shall revoke a commercial salmon vessel permit issued pursuant to this article if the vessel permit was obtained by fraudulent means.SEC. 18.
Section 8246.7 of the Fish and Game Code is amended to read:8246.7.
(a) The commission shall reverse an order of revocation, order the permit renewed, or order the approval of a permit transfer only if it finds one of the following grounds:(1) The permittee failed to submit an application and pay the fees for renewal on or before April 30 pursuant to Section 8235 and the failure to renew a permit until after the expiration date was due to death, physical illness, mental incapacity, or being called to active military duty, and the person was not reasonably able to have an agent renew the permit.
(2) A lienholder of a permitted vessel, if the vessel is the property of the lienholder as a result of foreclosure, surrender, or
litigation, can show loss due to the nonrenewal of a permit by the permittee, and the nonrenewal occurred without the knowledge of the lienholder.
(3) If, in the case of permit revocation because of fraud, evidence is provided to the commission disputing the charges of fraud. If the commission finds there was no fraud after consideration of all of the evidence, the commission may order the revocation annulled, and, if the permit expiration date has passed during the pendency of the hearing on the appeal, the commission may order the department to renew the permit upon payment of the fees.
(4) The denial of the permit transfer was arbitrary or capricious.
(b) Each appeal shall be heard and considered separately on its own merits.
SEC. 19.
Section 8247 of the Fish and Game Code is repealed.SEC. 20.
Section 8247.1 of the Fish and Game Code is repealed.SEC. 21.
Section 8247.2 of the Fish and Game Code is repealed.SEC. 22.
Section 8247.3 of the Fish and Game Code is repealed.SEC. 23.
Section 8247.4 of the Fish and Game Code is repealed.SEC. 24.
Section 8247.5 of the Fish and Game Code is repealed.SEC. 25.
Section 8247.6 of the Fish and Game Code is repealed.SEC. 26.
Section 8247.7 of the Fish and Game Code is repealed.SEC. 27.
Section 8247.8 of the Fish and Game Code is repealed.SEC. 28.
Section 8280.3 of the Fish and Game Code is amended to read:8280.3.
(a) For purposes of this section, the term “length overall” means the horizontal distance between the forward-most and after-most points on the hull of a vessel. The length overall of a vessel does not include attachments fixed to the stern and bow.(b) 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.
(c) (1) 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, except that the permit shall not be transferred if the vessel is more than five feet longer in length overall, as determined by a licensed marine surveyor, than the baseline length on the permit. 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 this article 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.
(2) A permit described in subdivision (c) of Section 8280.1 shall not be transferred pursuant to this subdivision.
(d) 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 this article for the use of that replacement vessel in subsequent years.
(e) (1) The owner of a permitted vessel may transfer the permit to a vessel of greater capacity as follows:
(A) If the person the permit is to be transferred to purchased the vessel of greater capacity on or before November 15, 1995, the vessel of greater capacity may not be more than 10 feet longer in length overall than the baseline length on the permit.
(B) If the person the permit is to be transferred to purchased the vessel of greater capacity after November 15, 1995, the vessel of greater capacity may not be more than five feet longer in length overall than the baseline length on the permit.
(2) A permit described in subdivision (c) of Section 8280.1 shall not be transferred pursuant to this subdivision.
(f) (1) The department may authorize the owner of a permitted vessel to transfer the permit to a replacement vessel that was owned by
the person the permit is to be transferred to 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 baseline length on the permit, if all of the following conditions are satisfied:
(A) A vessel of a larger size is essential to the proposed permitholder for participation in another fishery other than a trawl net fishery.
(B) The owner of the permitted vessel 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) 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, as that section read on August 1, 2018, or any prior version of that
paragraph.
(D) The vessel to which the permit is to be transferred does not exceed 20 feet longer in length overall than the baseline length on the permit and the vessel to which the permit is to be transferred does not exceed 60 feet in length overall.
(E) A permit was not previously transferred to the same replacement vessel.
(2) A permit described in subdivision (c) of Section 8280.1 shall not be transferred pursuant to this subdivision.
(g) 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 subdivision (d), (e), or (f).
(h) (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 California Dungeness crab landings 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 Dungeness crab seasons, may temporarily transfer the permit to a replacement vessel for which use in the Dungeness crab fishery is not permitted pursuant to this article 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 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 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 become void by operation of law.
(i) 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 become void by operation of law.
(j) Except as provided in subdivision (c) of Section 8280.1, 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.
(k) (1) For purposes of this section, the baseline length on a Dungeness crab vessel permit shall be equal to the length overall of the vessel for which the permit was originally issued,
as originally documented on the permit, unless updated pursuant to paragraph (2).
(2) (A) If, on or before March 31, 2020, the owner of a vessel to whom a Dungeness crab vessel permit has been issued submits to the department a survey reflecting a current length overall of the vessel that is greater than the length overall described in paragraph (1), the baseline length on the permit shall be equal to that current length overall.
(B) A survey submitted pursuant to subparagraph (A) shall be conducted by a licensed marine surveyor.
(l) This section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is
repealed.
SEC. 29.
Section 8405.4 of the Fish and Game Code is amended to read:8405.4.
This article shall become inoperative on April 1, 2030, and as of January 1, 2031, is repealed.SEC. 30.
Section 9002.5 of the Fish and Game Code is amended to read:9002.5.
(a) Notwithstanding Section 9002, the department, in consultation with the Dungeness crab task force, shall establish a retrieval program to provide for the retrieval of lost or abandoned commercial Dungeness crab traps by June 30, 2019.(b) The retrieval program developed pursuant to subdivision (a) shall be consistent with all of the following:
(1) (A) The department shall establish a retrieval permit that grants a person who obtains a retrieval permit the authority to retrieve Dungeness crab traps located in ocean waters belonging to another person without written permission from that person during
both of the following periods of time:
(i) The closed season of the Dungeness crab commercial fishery, as described in Section 8276.
(ii) A period of time other than the time period described in
clause (i) in which the director restricts the take of Dungeness crab pursuant to Section 8276.1 or regulations adopted pursuant to that section, if the director authorizes retrieval permitholders to retrieve traps during that time period.
(B) The department may establish any qualifications it deems necessary for a person to obtain a retrieval permit.
(C) The department shall require a permit fee in an amount
necessary to fully recover, but not exceed, all reasonable administrative and implementation costs to the department of the retrieval program.
(2) Notwithstanding Chapter 4 (commencing with Section 2080) of Title 6 of Part 4 of Division 3 of the Civil Code or any other law, any Dungeness crab trap retrieved under the authority of a retrieval permit shall become the property of the retrieval permitholder.
(3) The department shall require a retrieval permitholder to notify the former trap owner of the retrieval of a Dungeness crab trap and to offer to sell the trap to the former owner for a reasonable
recovery fee, as determined by the retrieval permitholder, based on the cost of trap retrieval and storage of the trap. The department shall impose per-trap fees on any former trap owner who refuses to pay the recovery fee to the retrieval permitholder. The department shall set the rate of these per-trap fees at a level sufficient to recover any costs to the department from handling noncompliance with the gear retrieval program and to reimburse the retrieval permitholder for the reasonable cost of trap retrieval, storage, and disposal of crab traps belonging to a former owner who refuses to pay the recovery fees for those traps and, upon appropriation by the Legislature, shall use the proceeds of the per-trap fees for these purposes. The department shall annually adjust the per-trap fees pursuant to Section 713.
(4) Notwithstanding
Section 8022, the department may release contact information to a retrieval permitholder for purposes of the retrieval program under terms and conditions as the department deems necessary to preserve the confidentiality of the information released. Any release of information pursuant to this section does not constitute a waiver of any applicable exemptions from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(5) The department may deny an application for renewal or transfer of a Dungeness crab vessel permit until the applicant pays any fees imposed pursuant to paragraph
(3).
(6) The department shall submit the proposed retrieval program developed pursuant to this section to the Dungeness crab task force for review, and shall not implement the retrieval program until the task force has had 60 days or more to review the proposed retrieval program and recommend any proposed changes. The director may implement the retrieval program earlier than 60 days after it is submitted to the Dungeness crab task force for review, if recommended by the task force.
(c) This section shall become inoperative on April 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 31.
Section 30612.5 is added to the Public Resources Code, to read:30612.5.
(a) By December 31, 2020, the commission, in consultation with the Department of Fish and Wildlife, any other state agency relevant to coastal permitting, and stakeholders, shall develop guidance for applicants for coastal development permits for shellfish, seaweed, and other low-trophic mariculture production and restoration.(b) Guidance developed pursuant to this section has the following purposes:
(1) To reduce duplicative or overlapping information requirements during permit application filing.
(2) To increase state and federal agency
coordination.
(3) To increase regulatory certainty.
(4) To reduce the time and cost associated with securing a coastal development permit, to the extent possible.
(c) Guidance developed pursuant to this section shall include, but is not limited to, all of the following:
(1) A list of elements required in a project description.
(2) Projected permit approval timelines.
(3) A description of how permits can provide the flexibility to allow growers to adapt to new methods.
(4) Examples of
operational changes that could qualify for expedited review, for example, a de minimis waiver or an immaterial permit amendment.
(5) A description of growing methods and techniques that have been approved by the commission and the contexts associated with those approvals.
(6) A process for incorporating data from comparable growing areas.
(d) This section shall remain in effect only until July 1, 2021, and as of that date is repealed.
