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 introduced, 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.
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 of anchovies that may be taken between May 1 and December 1 of each year. 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 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.
(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. The bill would 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 require the department to develop those regulations by June 30, 2019. 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.

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

7863.
 This article shall remain in effect only until January 1, 2019, 2029, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2019, 2029, deletes or extends that date.

SEC. 3.

 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:

(a)

(1) Anchovies may be taken for live bait between May 1 and December 1 and may be taken for dead bait between May 1 and August 31. The operator of a vessel may take anchovies only for use in his or her own fishing operation, except that the operator may make incidental sales of anchovies so taken to local sport fishermen for their use as bait. 1.

This subdivision does not prevent the cooperative effort of two or more vessel operators or their crews working together with one net if each operator has complied with the notification requirement in subdivision (b).

(b)An observer who is an employee of the department shall inspect any bait operation and may halt that operation if the operation cannot be conducted without adversely affecting the game species of the bay. Notification of all bait operations shall be dispatched so as to be received by the department at least 12 hours prior to the commencement of the operation.

(c)Anchovies may be taken in Districts 8 and 9 only north of a line extending through channel markers 8 and 9 in Humboldt Bay.

(d)

(2) Not more than 15 60 tons of anchovies may be taken between May 1 and August 31 of each year and not more than 15 tons may be taken between September 1 and December 1 of each year.

(e)

(3) Only bait nets, as defined in Section 8780, shall be used to take anchovy.

(f)

(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.

An

(b) An accurate record of all fishing operations shall be kept and is subject to inspection by the department.

The

(c) The commission shall adopt any other regulation it determines is necessary to protect the Humboldt Bay anchovy resource.

SEC. 4.

 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.
(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).

SEC. 5.

 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)The department shall not issue a California halibut bottom trawl vessel permit pursuant to this section for use in the California halibut fishery unless that vessel has landed a minimum of 200 pounds of California halibut and reported that landing on fish landing receipts as being caught with bottom trawl gear in at least one of the following:

(1)At least two of the calendar years 1995 to 2003, inclusive.

(2)At least one of the calendar years 1995 to 2003, inclusive, and from January 1, 2004, to February 19, 2004, inclusive.

(d)

(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 restricted access program, the permit is transferred to another vessel owned by the same permitholder of equal or less capacity, as determined by the department, and if the originally permitted vessel was lost, stolen, destroyed, or suffered a major irreparable mechanical breakdown. The department may not issue a permit for a replacement vessel if the department determines that the originally permitted vessel was fraudulently reported as lost, stolen, destroyed, or damaged. Only the permitholder at the time of the loss, theft, destruction, or irreparable mechanical breakdown of a vessel may apply to transfer the vessel permit. Evidence 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 that conducted an investigation of the loss.

(3)

(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 permit with the vessel if both of the following conditions are met:

(A)The permitholder has died, is permanently disabled, or the permitholder is at least 65 years of age and has decided to retire from commercial fishing.

(B)California halibut landings contributed significantly to the record and economic income derived from the vessel, as determined by regulations adopted by the commission. 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.

(e)

(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 (d), (c), fees may not exceed one thousand dollars ($1,000) per permit.

(f)

(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.

(g)

(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).

(h)

(g) The commission may adopt regulations to implement this section.

SEC. 6.

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

8495.
 (a) The following area is designated as the California halibut trawl grounds:

The

(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 lying between three nautical miles from the mainland shore and the 40-fathom depth contour, delineated by straight lines connecting the following points in the following order:
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
(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) 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) Notwithstanding any other provision of 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. 7.

 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:

(a)

(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 which 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. 8.

 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 develop regulations as necessary to provide for the retrieval of lost or abandoned commercial crab traps. traps by June 30, 2019.
(b) (1) As part of the regulations adopted pursuant to subdivision (a), the department shall establish a retrieval permit program that facilitates the removal of lost or abandoned crab gear in an efficient and cost-effective manner consistent with all of the following:
(A) The department shall establish a retrieval permit 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 from the revenue generated by the fee established pursuant to subparagraph (B).
(B) The department shall 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. The department shall set the fee at a level sufficient to cover the reasonable regulatory costs associated with the program and to provide reasonable compensation to a retrieval permitholder on a per trap basis. The reasonable regulatory costs associated with the program include, but are not limited to, administrative costs, storage costs, and costs associated with disposing unusable traps or traps whose owner cannot be identified.
(C) The department may use entities in addition to the department, including, but not limited to, nongovernmental organizations, to help implement the program.
(D) A Dungeness crab trap shall not be returned to the owner of the trap until the owner has paid the fee established pursuant to subparagraph (B).
(E) The department shall not renew a Dungeness crab vessel permit until any fee imposed pursuant to subparagraph (B) has been paid.
(2) The department may adopt additional requirements necessary to implement the program described in this subdivision.
(3) The department shall submit the proposed program developed pursuant to this subdivision to the Dungeness crab task force for review, and shall not implement the program until the task force has had 60 days or more to review the proposed program and recommend any proposed changes. The director may implement the program earlier than 60 days after it is submitted to the Dungeness crab task force for review, if recommended by the task force.
(c) This section shall become inoperative on April 1, 2019, 2029, and, as of January 1, 2020, 2030, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, 2030, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 9.

 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. 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.