SB 262

Bill Subjects

Abstract

(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.