Bill Text: CA SB1309 | 2017-2018 | Regular Session | Amended


Bill Title: Fishing: Fisheries Omnibus Bill of 2018.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2018-05-25 - Read second time. Ordered to third reading. [SB1309 Detail]

Download: California-2017-SB1309-Amended.html

Amended  IN  Senate  April 23, 2018
Amended  IN  Senate  April 09, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1309


Introduced by Senator McGuire
(Coauthor: Senator Hill)
(Coauthor: Assembly Member Mark Stone)

February 16, 2018


An act to amend Sections 7863, 8183, 8494, 8495, 8496, 9002.5, and 9005 of, and to add Section 8276.1 to, the Fish and Game Code, relating to fishing.


LEGISLATIVE COUNSEL'S DIGEST


SB 1309, as amended, McGuire. Fishing: Fisheries Omnibus Bill of 2018.
(1) Existing law prohibits specified persons from taking salmon for commercial purposes unless the person has a commercial fishing salmon stamp affixed to that person’s commercial fishing license. Existing law requires the Department of Fish and Wildlife to issue a commercial fishing salmon stamp upon application for the stamp and payment of a base fee of $85. That base fee is required to be adjusted during specified commercial salmon seasons. However, existing law prohibits the total fees, as adjusted, from exceeding $260. Existing law requires the department to deposit revenues from this fee, funds received from other sources, as specified, and other specified revenues in the Commercial Salmon Stamp Dedicated Subaccount in the Fish and Game Preservation Fund, to be available, upon appropriation by the Legislature, for purposes relating to enhancement and restoration of salmon. Existing law also authorizes up to 15% of funds expended from the subaccount for these purposes to be used for administrative costs. Existing law establishes the Commercial Salmon Trollers Advisory Committee, consisting of 6 members selected by the Director of Fish and Wildlife, as provided, to make recommendations on programs and a budget for the subaccount, and on specified revenue-raising measures. Existing law repeals these provisions as of January 1, 2019. A violation of any provision of the Fish and Game Code, or any rule, regulation, or order made or adopted under those provisions, is a misdemeanor, unless otherwise specified.
This bill would extend the operation of these provisions until January 1, 2029. By extending the operation of existing requirements, the violation of which would be a crime, the bill would impose a state-mandated local program.
(2) Existing law prohibits taking of anchovies for any purpose in Humboldt Bay, except that anchovies may be taken in specified areas of the bay for live bait between May 1 and December 1, and for dead bait between May 1 and August 31, by the operator of a vessel for use in his or her own fishing operation, except for incidental sales to local sport fishermen for bait. Existing law establishes a 15-ton limit on the total number of anchovies that may be taken between May 1 and August 31 of each year and a 15-ton limit between September 1 and December 1 of each year. Existing law requires an observer employed by the Department of Fish and Wildlife to inspect any bait operation and halt that operation if it cannot be conducted without adversely affecting the game species of the bay. Existing law requires the department to receive notification of a bait operation in the bay at least 12 hours before the operation commences. Existing law authorizes the Fish and Game Commission to adopt any other regulation it determines is necessary to protect the Humboldt Bay anchovy resource.
This bill would permit taking of anchovies in Humboldt Bay between May 1 and December 1 without restrictions on area or use. Instead of 2 15-ton limits on the taking of anchovies in 2 separate periods, the bill would establish one 60-ton limit on the total number authorize not more than 60 tons of anchovies that may to be taken between May 1 and December 1 of each year. The bill would make this 60-ton take authority subject to an initial determination by the commission that the authority is consistent with the commission’s forage species policy, as specified. The bill would include, as part of the commission’s regulatory authority to protect the Humboldt Bay anchovy resource, the authority to adopt a regulation that changes this permitted take amount based upon credible science. The bill would delete the above-described provisions regarding inspection and notification of bait operations. By changing the definition of a crime, the bill would impose a state-mandated local program.
(3) Existing law regulates the Dungeness crab fishery and, among other things, permits the Director of Fish and Wildlife to delay the opening of the fishery in specified situations and regulates the taking of Dungeness crab during those delays.
This bill would authorize the director, upon the unanimous recommendation express the intent of the Legislature that the Department of Fish and Wildlife, with the meaningful participation of the California Dungeness Crab Fishing Gear Working Group, as defined, to, on an emergency basis, close Dungeness crab season in any waters due to whale entanglements, or reopen Dungeness crab season in those waters if the risk of whale entanglements has abated. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. and other stakeholders, develop procedures to limit the risk of entanglement of marine life from Dungeness crab fishing gear during the Dungeness crab fishing season. The bill would require the working group to evaluate the relative risk of whale entanglements, and the department, in consultation with the working group, to develop protocols and criteria including, but not limited to, the Risk Assessment and Mitigation Program developed by the working group, for potential action to mitigate that risk.
(4) Existing law requires any vessel using bottom trawl gear in state-managed halibut fisheries to possess a California halibut bottom trawl vessel permit issued by the Department of Fish and Wildlife that authorizes the use of trawl gear by that vessel for the take of California halibut. Existing law requires a permit to be issued annually, and, since the 2007–08 season, has required an applicant to have previously held a valid permit. Existing law prohibits the department from issuing a permit unless a vessel has landed a minimum of 200 pounds of California halibut in specified calendar years before 2005, as provided, as documented on fish landing receipts. Existing law only authorizes transfer of a permit to another vessel if the transfer occurs before the implementation of a restricted access program and either the originally permitted vessel was lost, stolen, destroyed, or suffered a major irreparable mechanical breakdown, or the permitholder has died, is permanently disabled, or has retired, and, in the case of death, disability, or retirement, California halibut landings contributed significantly to the record and economic income derived from the vessel, as determined by regulations adopted by the Fish and Game Commission. Under existing law, these provisions will become inoperative upon the adoption by the Fish and Game Commission of a halibut fishery management plan, as specified.
This bill would delete the above-described provisions conditioning issuance of a permit on landings in calendar years before 2005. The bill would delete both of the above-described limitations on the circumstances under which a transfer may be authorized, and would authorize the commission, before the implementation of a restricted access program, to consider a request to transfer a permit to another vessel, as provided, without regard to either of those limitations.
(5) Existing law designates a specified area as the California halibut trawl grounds and regulates trawl net fishing within the trawl grounds. Existing law specifies trawl net fishing season in the trawl grounds. Existing law authorizes the Director of Fish and Wildlife to close the trawl grounds, or portions of the trawl grounds, to trawl net fishing or restrict the nets that may be used in the trawl grounds, or portions of the trawl grounds, if the director determines that the California halibut resource, or existing fishing operations, are in danger of irreparable injury, as provided. Existing law closes specified areas in the trawl grounds to trawl gear, and closes other specified areas unless the Fish and Game Commission finds that a bottom trawl fishery for halibut minimizes bycatch, is likely not damaging sea floor habitat, is not adversely affecting ecosystem health, and is not impeding reasonable restoration of kelp, coral, or other biogenic habitats. Existing law requires the commission to close additional areas in the trawl grounds if it makes certain findings pursuant to a mandatory triennial review.
This bill would designate two additional areas as California halibut trawl grounds: an area of the ocean waters of Monterey Bay, as described, and an area of ocean waters offshore of Port San Luis, as described. However, under the bill, those additional areas would remain closed to trawling until the commission determines that trawling in those areas is consistent with the above-described provisions. The bill would also provide that trawl fishing gear may only be deployed in those additional areas between sunrise and sunset. By changing the definition of a crime and creating new crimes, the bill would impose a state-mandated local program.
(6) Existing law authorizes the Department of Fish and Wildlife, in consultation with the Dungeness crab task force, to develop regulations as necessary to provide for the retrieval of lost or abandoned commercial crab traps. Existing law requires the department, as part of those regulations, to establish a retrieval permit program that grants a person who obtains a retrieval permit the authority to retrieve during the closed season of the Dungeness crab commercial fishery lost or abandoned Dungeness crab traps belonging to another person and to receive compensation for that retrieval on a per trap basis. Existing law requires the department to establish a fee to be charged to a Dungeness crab vessel permitholder for each trap belonging to the permitholder that is retrieved through the program. Existing law prohibits the department from renewing a Dungeness crab vessel permit until any fee imposed pursuant to the program has been paid. Existing law provides that these provisions shall become inoperative on April 1, 2019, and, as of January 1, 2020, are repealed.
This bill would revise and recast these provisions. The bill would require the department, in consultation with the Dungeness crab task force, to establish a retrieval program to provide for the retrieval of lost or abandoned commercial Dungeness crab traps by June 30. 2019. The bill would require, as part of the program, the department to establish a retrieval permit similar to the one described above, but would require the payment of a permit fee to obtain a retrieval permit and would provide that any Dungeness crab trap retrieved under the authority of a retrieval permit would become the property of the retrieval permitholder. The bill would 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. The bill would require the department to impose a per-trap fee on any former owner who refuses to pay the recovery fee to the retrieval permitholder and to use the proceeds of that fee to reimburse the retrieval permitholder. The bill would authorize, rather than require, the department to deny an application for renewal or transfer of a Dungeness crab vessel permit until the applicant pays any fees imposed for failure to pay a recovery fee to a retrieval permitholder. The bill would extend the inoperative and repeal dates of these provisions until April 1, 2029, and January 1, 2030, respectively. By extending the operation of existing requirements, the violation of which would be a crime, the bill would impose a state-mandated local program.
(7) Existing law requires every trap or string of traps in state waters to be marked with a buoy.
This bill would require the Department of Fish and Wildlife, by January 1, 2020, to implement regulations requiring all traps and buoys to include standardized gear marking and clear identification of ownership. Because a violation of these regulations would be a crime, the bill would impose a state-mandated local program.
(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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known, and may be cited, as the Fisheries Omnibus Bill of 2018.

SEC. 2.

 It is the intent of the Legislature that the regulations required to be implemented by January 1, 2020, pursuant to Section 9005 of the Fish and Game Code, be designed to ensure that the fishery of origin and individual ownership of gear involved in entanglements entanglement of marine life and lost gear can be readily identified from a distance.

SEC. 3.

 Section 7863 of the Fish and Game Code is amended to read:

7863.
 This article shall remain in effect only until January 1, 2029, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2029, deletes or extends that date.

SEC. 4.

 Section 8183 of the Fish and Game Code is amended to read:

8183.
 (a) No anchovies may be taken for any purpose in Humboldt Bay, except under the following conditions:
(1) Anchovies may be taken between May 1 and December 1.
(2) Not Subject to an initial determination by the commission that the following authority is consistent with the forage species policy adopted by the commission on November 7, 2012, or its successor policy, not more than 60 tons of anchovies may be taken between May 1 and December 1 of each year.
(3) Only bait nets, as defined in Section 8780, shall be used to take anchovy.
(4) Any game fish caught incidentally in bait nets shall be released by use of a hand scoop net or by dipping the cork line.
(b) An accurate record of all fishing operations shall be kept and is subject to inspection by the department.
(c) The commission shall adopt any other regulation it determines is necessary to protect the Humboldt Bay anchovy resource. resource, including a regulation that changes the permitted take amount established pursuant to paragraph (2) of subdivision (a) based upon credible science.

SEC. 5.

 Section 8276.1 is added to the Fish and Game Code, to read:

8276.1.
 (a) For purposes of this section, the term “California Dungeness Crab Fishing Gear Working Group” means the California Dungeness Crab Fishing Gear Working Group established by the department, in partnership with the Ocean Protection Council and the National Marine Fisheries Service, on or about August 20, 2015.

(b)Upon the unanimous recommendation of the California Dungeness Crab Fishing Gear Working Group, the director may, on an emergency basis, close Dungeness crab season in any waters due to whale entanglements, or reopen Dungeness crab season in those waters if the risk of whale entanglements has abated.

(b) It is the intent of the Legislature that the department, with meaningful participation of the California Dungeness Crab Fishing Gear Working Group and other stakeholders, develop procedures to limit the risk of entanglement of marine life from Dungeness crab fishing gear during the Dungeness crab fishing season.
(c) The California Dungeness Crab Fishing Gear Working Group shall evaluate the relative risk of whale entanglements, and the department, in consultation with the working group, shall develop protocols and criteria including, but not limited to, the Risk Assessment and Mitigation Program developed by the working group, for a potential action pursuant to subdivision (b). to mitigate that risk.

SEC. 6.

 Section 8494 of the Fish and Game Code is amended to read:

8494.
 (a) Commencing April 1, 2006, any vessel using bottom trawl gear in state-managed halibut fisheries, as described in subdivision (a) of Section 8841, shall possess a valid California halibut bottom trawl vessel permit that has not been suspended or revoked and that is issued by the department authorizing the use of trawl gear by that vessel for the take of California halibut.
(b) A California halibut bottom trawl vessel permit shall be issued annually, commencing with the 2006 permit year. Commencing with the 2007–08 season, in order to be eligible for that permit, an applicant shall have been issued a California halibut bottom trawl vessel permit in the immediately preceding permit year.
(c) Permits issued pursuant to this section may be transferred only if at least one of the following occur:
(1) The commission adopts a restricted access program for the fishery that is consistent with the commission’s policies regarding restricted access to commercial fisheries.
(2) Prior to the implementation of a halibut trawl restricted access program, the commission may consider requests from a vessel permitholder or his or her conservator or estate representative to transfer a vessel permit to a vessel of equal or less capacity, as determined by the department. The commission may request information that it determines is reasonably necessary from the permitholder or his or her heirs or estate for the purpose of verifying statements in the request prior to authorizing the transfer of the permit.
(d) The commission shall establish California halibut bottom trawl vessel permit fees based on the recommendations of the department and utilizing the guidelines outlined in subdivision (b) of Section 711 to cover the costs of administering this section. Prior to the adoption of a restricted access program pursuant to subdivision (c), fees may not exceed one thousand dollars ($1,000) per permit.
(e) Individuals holding a federal groundfish trawl permit may retain and land up to 150 pounds of California halibut per trip without a California halibut trawl permit in accordance with federal and state regulations, including, but not limited to, regulations developed under a halibut fishery management plan.
(f) This section shall become inoperative upon the adoption by the commission of a halibut fishery management plan in accordance with the requirements of Part 1.7 (commencing with Section 7050).
(g) The commission may adopt regulations to implement this section.

SEC. 7.

 Section 8495 of the Fish and Game Code is amended to read:

8495.
 (a) The following area is areas are designated as the California halibut trawl grounds:
(1) The ocean waters lying between one and three nautical miles from the mainland shore lying south and east of a line running due west (270° true) from Point Arguello and north and west of a line running due south (180° true) from Point Mugu.
(2) The ocean waters of Monterey Bay delineated by straight lines connecting the following points in the following order and excluding federal waters as defined by the order entered by the United States Supreme Court in the case of United States of America v. State of California, 135 S.Ct. 563 (2014):
LatitudeLongitude
36° 54.475′ N122° 7.937′ W
36° 52.024′ N122° 2.117′ W
36° 51.680′ N121° 59.321′ W
36° 52.230′ N121° 57.810′ W
36° 48.974′ N121° 52.474′ W
36° 49.685′ N121° 51.960′ W
36° 54.250′ N121° 54.883′ W
36° 54.287′ N121° 58.062′ W
36° 53.956′ N122° 2.117′ W
(3) The ocean waters offshore of Port San Luis lying between one and three nautical miles from the mainland shore, as described by an area circumscribed by a line connecting the following points in clockwise order, with the line connecting the last two points approximately parallel to the lines connecting the preceding points:
LatitudeLongitude
35° 08′ N120° 46′ W
35° 08′ N120° 40.1′ W
35° 06.6′ N120° 39.2′ W
35° 02.2′ N120° 39.3′ W
34° 57′ N120° 40.7′ W
34° 57′ N120° 43.5′ W
35° 06.4′ N120° 46′ W
(b) Notwithstanding subdivision (a), the use of trawl gear for the take of fish is prohibited in the following areas of the California halibut trawl grounds:
(1) Around Point Arguello. The area from a line extending from Point Arguello true west (270°) and out three miles, to a line extending from Rocky Point true south (180°) and out three miles.
(2) Around Point Conception. From a point on land approximately one-half mile north of Point Conception at latitude 34° 27.5´ extending seaward true west (270°) from one to three miles, to a point on land approximately 1/2 mile east of Point Conception at longitude 120° 27.5´ extending seaward true south (180°) from one to three miles.
(3) In the Hueneme Canyon in that portion demarked by the IMO Vessel Traffic safety zone on NOAA/NOS Chart 18725 and from one mile to the three mile limit of state waters.
(4) In Mugu Canyon, from Laguna Point, a line extending true south (180°) and out three miles, to Point Mugu, a line extending true south (180°) and from one to three miles.
(c) (1) Notwithstanding subdivision (a), commencing April 1, 2008, the following areas in the California halibut trawl grounds shall be closed to trawling, unless the commission finds that a bottom trawl fishery for halibut minimizes bycatch, is likely not damaging sea floor habitat, is not adversely affecting ecosystem health, and is not impeding reasonable restoration of kelp, coral, or other biogenic habitats:
(A) The ocean waters lying between one and three nautical miles from the mainland shore from a point east of a line extending seaward true south (180°) from a point on land approximately 1/2 mile east of Point Conception at longitude 120° 27.5´ to a line extending due south from Gaviota.
(B) The ocean waters lying between one and two nautical miles from the mainland shore lying east of a line extending due south from Santa Barbara Point (180°) and west of a line extending due south from Pitas Point (180°).
(C) Except as provided in subdivision (b), the ocean waters lying between one and three nautical miles from the mainland shore lying south and east of a line running due west (270° true) from Point Arguello to a line extending seaward true south (180°) from a point on land approximately 1/2 mile east of Point Conception at longitude 120° 27.5´, and from the western border of the IMO Vessel Traffic safety zone on NOAA/NOS Chart 18725 in Hueneme Canyon running south and east to a line running due south (180° true) from Point Mugu.
(2) In making the finding described in paragraph (1), the commission shall pay special attention to areas where kelp and other biogenic habitats existed and where restoring those habitats is reasonably feasible, and to hard bottom areas and other substrate that may be particularly sensitive to bottom trawl impacts.
(d) Notwithstanding subdivision (a), the areas of the halibut trawl grounds identified in paragraphs (2) and (3) of subdivision (a) shall remain closed to trawling until the commission determines that trawling in those areas is consistent with the provisions of this section. At the commission’s discretion, a determination pursuant to this subdivision may be made through the review required pursuant to subdivision (e).

(d)

(e) Commencing January 1, 2008, the commission shall review information every three years from the federal groundfish observer program and other available research and monitoring information it determines relevant, and shall close any areas in the California halibut trawl grounds where it finds that the use of trawl gear does not minimize bycatch, is likely damaging sea floor habitat, is adversely affecting ecosystem health, or impedes reasonable restoration of kelp, coral, or other biogenic habitats. The commission shall pay special attention to areas where kelp and other biogenic habitats existed and where restoring those habitats is reasonably feasible, and to hard bottom areas and other substrate that may be particularly sensitive to bottom trawl impacts in making that finding.

(e)

(f) Notwithstanding any other law, the commission shall determine the size, weight, and configuration of all parts of the trawl gear, including, but not limited to, net, mesh, doors, appurtenances, and towing equipment as it determines is necessary to ensure trawl gear is used in a sustainable manner within the California halibut trawl grounds.

SEC. 8.

 Section 8496 of the Fish and Game Code is amended to read:

8496.
 Within the California halibut trawl grounds the following requirements shall apply to the use of trawl nets:
(a) Open season and hours of operation shall be as follows:
(1) Open season shall be June 16 to March 14, inclusive.
(2) In the designated halibut trawl grounds within Monterey Bay and offshore of Port San Luis, trawl fishing gear may only be deployed to capture fish between sunrise and sunset.
(b) California halibut shall only be taken pursuant to Section 8392.
(c) Not more than 500 pounds of fish other than California halibut may be possessed, except that any amount of sea cucumbers may be possessed by a person who holds a valid sea cucumber permit and who meets any conditions adopted by the commission pursuant to Section 8405.3, and any amount of sharks, skates, or rays for which the take or possession of that species is not otherwise prohibited by this code may be taken or possessed.
(d) It is unlawful to operate a trawl net in a way that damages or destroys other types of fishing gear that is buoyed or otherwise visibly marked.
(e) Sections 8833 and 8836 do not apply to trawl nets when used or possessed on California halibut trawl grounds.
(f) Trawl nets described in Section 8843 shall only be used within the halibut trawl grounds.
(g) Single bags and cod-ends or double bags and cod-ends may be used within the halibut trawl grounds and may be possessed while a vessel is in transit directly to the halibut trawl grounds or returning directly to port. Double bags shall be hung and tied to each rib line so that the knots of each layer coincide, knot for knot, for the full length of the double layers. The double mesh section shall not measure over 25 meshes or 12 feet in length, whichever is greater. The individual meshes in the double section shall measure not less than 71/2 inches in length.
(h) No net, whose cod-end meshes are less than prescribed in this section, may be possessed on any vessel that is operating under the authority of this section.

SEC. 9.

 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) 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 the closed season of the Dungeness crab commercial fishery, as described in Section 8276. The department may establish any qualifications it deems necessary for a person to obtain a retrieval permit. 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 shall 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 a per-trap fee on any former trap owner who refuses to pay the recovery fee to the retrieval permitholder and shall use the proceeds from this fee to reimburse the retrieval permitholder for the reasonable cost of trap retrieval, storage, and disposal.
(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 shall 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) The department shall establish the retrieval program through an emergency regulation. The adoption of any regulation pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, and general welfare.
(d) 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. 10.

 Section 9005 of the Fish and Game Code is amended to read:

9005.
 Every trap or string of traps shall be marked with a buoy. The department shall implement regulations by January 1, 2020, requiring all traps and buoys to include standardized gear marking and clear identification of ownership.

SEC. 11.

 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.
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