SB 500

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 commercial fishing fees, referred to as landing fees, and sets forth requirements for the documentation of those landing fees in the form of a landing receipt, as prescribed. Existing law requires certain persons to complete or make a landing receipt and requires the landing receipt to include certain information, including the accurate weight of the species of fish received and the price paid. Existing law requires the original signed copy of the paper landing receipt made under that provision to be delivered to the Department of Fish and Wildlife on or before the 16th or last day of the month in which the fish were landed, whichever date occurs first after the landing. Existing law requires landing receipt records completed and submitted electronically to be submitted to the department within 3 business days of the landing. Under existing law, a violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under the code, is a crime. This bill would revise various provisions to refer to electronic fish tickets rather than to landing receipts. The bill would, for purposes of the required contents of an electronic fish ticket, define "accurate weight" and delete the requirement to include the price paid for live marine fish for use exclusively as live bait that are not brought ashore. The bill would require electronic fish tickets to be submitted to the department within 3 business days of the landing, as specified. By creating new requirements with respect to electronic fish tickets, the violation of which would be a crime, the bill would constitute a state-mandated local program. (2) Existing law requires any person who engages in any business for profit involving fish to be licensed, except as provided. Existing law includes among these licensure exceptions a person who purchases, sells, takes, or receives live marine fish for use as live bait, that are not brought ashore, and who does not engage in specified activity. This bill would instead provide a licensure exception for a person who purchases, sells, takes, or receives live marine fish for use exclusively as live bait, that is not brought ashore, and who has registered as a live bait dealer with the department. The bill would require a live bait dealer registered with the department to keep a printed hard copy of the landing receipt or electronic fish ticket for a period of 4 years, as specified. The bill would also prohibit the receipt, purchase, or transfer of fish from occurring at sea or from vessel to vessel, except for certain live marine fish used as bait or as prescribed by regulation. By creating new requirements with respect to the receipt, purchase, or transfer of certain fish, the violation of which would be a crime, the bill would constitute a state-mandated local program. (3) Existing law requires the Department of Fish and Wildlife in consultation with the California Dungeness Crab Fishing Gear Working Group and other stakeholders, to adopt regulations establishing criteria and protocols to evaluate and respond to potential risk of marine life entanglement, as prescribed. Existing law authorizes the director to restrict the take of Dungeness crab pursuant to the criteria and protocols. Existing law makes it unlawful to take or possess Dungeness crab from any waters closed, or otherwise violate any restriction on take imposed, pursuant to these provisions. Existing law repeals these provisions on January 1, 2024. This bill would require the regulations to address the use of alternative gear, as specified, that may be prohibited by the department and would remove outdated language. The bill would extend the operation of these Dungeness crab provisions until January 1, 2030. By extending the operation of existing provisions, a violation of which is a crime, the bill would impose a state-mandated local program. (4) Existing law establishes the California Sea Urchin Commission in state government and vests the commission with various powers and duties, including establishing an assessment for each pound of sea urchin landed or delivered by divers to handlers in the state. Existing law authorizes the commission to consult and enter into agreements with the Director of Fish and Wildlife, if necessary and appropriate, to assist in the administration and enforcement of specified provisions of the Food and Agricultural Code related to sea urchins, including, but not limited to, collecting assessments and providing routine information regarding the persons that may be subject to these provisions. Existing law provides that sea urchins shall not be taken for commercial purposes except under a valid sea urchin diving permit, subject to regulations adopted by the Fish and Game Commission. Existing law establishes a $330 fee for the permit. This bill would require the Fish and Game Commission to adopt regulations related to commercial sea urchin diving permits, and to the vessels used to commercially fish for sea urchin, to better manage the number of permits issued. Because a violation of these regulations would be a crime, this bill would impose a state-mandated local program. The bill would update the fee for a sea urchin diving permit to $598.50 and would require the department, upon notice of the California Sea Urchin Commission, to charge for a sea urchin permit an additional $200, to be distributed to the California Sea Urchin Commission by the department, as specified. The bill would apply these provisions to the 2024 license year. This bill would additionally authorize the commission to enter into an agreement with the director regarding the expenses associated with the distribution of $200 of the total fee for a sea urchin permit. (5) Existing law establishes various requirements with respect to the taking of fish commercially using traps, fishing lines, and other appliances. This bill would require the Department of Fish and Wildlife to adopt regulations regarding the marking and color coding of lines used in state managed fisheries. By expanding the scope of a crime, this bill would create a state-mandated local program. (6) Existing law requires the owner of an aquaculture facility to register certain information with the Department of Fish and Wildlife by March 1 of each year, and requires the department to impose prescribed fees for registration and renewal. Existing law also requires, in addition to the registration and renewal fees, a surcharge fee to be paid at the time of registration by the owner of an aquaculture facility if the gross annual sales of aquaculture products of the facility during the prior calendar year exceed $25,000. Existing law imposes a penalty for delinquent payment of fees. Existing law, until January 1, 2024, increases those registration, renewal, surcharge, and penalty fees, as prescribed. This bill would extend the operation of the increased registration, renewal, surcharge, and penalty fees until January 1, 2025. (7) 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.