Today's Law As Amended

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SB-1309 Fishing: Fisheries Omnibus Bill of 2018.(2017-2018)



SECTION 1.
 This act shall be known, and may be cited, as the Fisheries Omnibus Bill of 2018.
SEC. 2.
 In regard to Section 6 of this act, the Legislature finds and declares all of the following:
(a) The Dungeness crab fishery is a critical part of the California coastal seafood economy, providing gainful employment for thousands of people and access by consumers to sustainable, nutritious, locally produced seafood.
(b) The disastrous 2015–16 commercial Dungeness crab fishing season, which resulted in significant financial hardship for fishermen and the seafood industry, as well as an increase in the number of marine mammal entanglements, was driven by extreme and abnormal environmental and biological forces, including warming ocean conditions, shifting distribution patterns of marine life, including whales and their prey, and domoic acid impacts throughout the marine food web.
(c) The entanglement of marine life incident to the Dungeness crab fishery should be minimized to the fullest extent practicable.
(d) Management measures designed to reduce marine life entanglements in the California Dungeness crab fishery must necessarily include thorough consultation with fishery stakeholders and organizations focused on achieving workable solutions for the sustainable coexistence of commercial fisheries and marine life.
(e) In order to effectively manage the risk of entanglement, the Department of Fish and Wildlife needs the ability, in consultation with fishery stakeholders, to address significant risks to marine life through authority given to the Director of Fish and Wildlife until a robust regulatory program has been adopted. It is the intent of the Legislature that the interim authority for the director provided pursuant to subdivision (c) of Section 8276.1 of the Fish and Game Code shall expire on November 1, 2020, or upon the development of regulations which will guide management decisions, whichever occurs sooner. This interim authority and its implementation should protect marine life while minimizing economic impacts to commercial fishing activity.
(f) The Department of Fish and Wildlife and stakeholders are continually increasing their understanding of the causes of marine life entanglements, and management measures designed to address marine life entanglements are anticipated to adapt as new information and technologies become available.
SEC. 3.
 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 entanglement of marine life and lost gear can be readily identified from a distance.

SEC. 4.

 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. 5.

 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.
(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  may adopt regulations  it determines is are  necessary to protect the Humboldt Bay anchovy resource. anchovy in Humboldt Bay, including, if applicable and based on credible science, a regulation that changes the permitted take amount established pursuant to paragraph (2) of subdivision (a). 

SEC. 6.

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

8276.1.
 (a) For purposes of this section, the following definitions shall apply:
(1) “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 September 21, 2015, and as defined by its most recent charter as it may be amended from time to time.
(2) “Risk assessment and mitigation program” means the program developed by the California Dungeness Crab Fishing Gear Working Group, as that program may be amended from time to time until the regulations are adopted pursuant to subdivision (b), to identify and assess elevated levels of entanglement risk and determine the need for management options to reduce the risk of entanglement.
(b) On or before November 1, 2020, the department, in consultation with the California Dungeness Crab Fishing Gear Working Group and other stakeholders, shall adopt regulations establishing criteria and protocols to evaluate and respond to the potential risk of marine life entanglement. The regulations shall include, but are not limited to, the risk assessment and mitigation program. Upon the effective date of the regulations, the director may restrict the take of Dungeness crab pursuant to the protocols and criteria.
(c) (1) Until the regulations adopted pursuant to subdivision (b) become effective or until November 1, 2020, whichever is sooner, if the director, in consultation with the California Dungeness Crab Fishing Gear Working Group, determines that the California Dungeness crab fishery is being conducted in a manner that poses a significant risk of marine life entanglement, the director may restrict the take of Dungeness crab in those areas where that risk has been determined to exist, including through time or area closures, or both.
(2) The authority of the director provided pursuant to paragraph (1) shall be temporary and shall expire upon the effective date of the regulations described in subdivision (b) or upon the expiration of that authority pursuant to subdivision (e), whichever is soonest.
(3) The director shall evaluate the following factors to determine if there is a significant risk of marine life entanglement and the appropriate management response:
(A) The conditions inherent to the fishery, such as safety of life at sea, weather, vessel operations, and other related issues.
(B) The duration of any delays in the normal start of the fishery.
(C) Indications of anomalous ocean or forage conditions, or both, in the current season.
(D) The known location of marine life of concern.
(E) The known location and intensity of fishing effort.
(F) The number of confirmed marine life entanglements documented in advance of or during the current fishing season.
(G) The existence and prevalence of factors that may result in significant risk of marine life entanglement.
(H) The likelihood of exceeding the potential biological removal level of a marine life species.
(I) The socioeconomic impacts of any management response to fishery stakeholders.
(4) (A) After making a preliminary determination pursuant to paragraph (1) that a significant risk of entanglement exists, the director shall provide 48 hours’ notice to the California Dungeness Crab Fishing Gear Working Group and other stakeholders before taking any action to close the fishery or otherwise restrict the take of Dungeness crab.
(B) The notice shall provide the information supporting the director’s determination of a significant risk of entanglement as well as the anticipated management response.
(C) The director shall consider any recommendations or new information provided by the California Dungeness Crab Fishing Gear Working Group or any member of the public within the 48-hour notice period in advance of enacting any management measures pursuant to this subdivision.
(5) Any time or area closures, or both, implemented pursuant to this subdivision shall, while providing for adequate reduction of risk to marine life, be minimized in duration and extent.
(6) The director shall expeditiously lift any restriction in waters pursuant to this subdivision if the director determines, in consultation with the California Dungeness Crab Fishing Gear Working Group, that the significant risk of entanglement in those waters has abated.
(7) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to actions taken pursuant to this subdivision.
(d) It shall be unlawful to take or possess Dungeness crab from any waters closed, or otherwise violate any restriction on take imposed, pursuant to this section.
(e) If the department has not developed the regulations pursuant to subdivision (b) by November 1, 2020, the power of the director to exercise the authority described in subdivision (c) shall become inoperative on November 1, 2020.
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 7.

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

8494.
 (a) Commencing April 1, 2006, any  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,  year and  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)  (A)  Prior to the implementation of a halibut trawl restricted access program, the commission department  may consider requests from a vessel permitholder or his or her conservator or estate representative  representative, as applicable,  to transfer a permit with the vessel if both of the following conditions are met: vessel permit to a vessel consistent with the requirements of subparagraph (B) or (C). The department may request information that it determines is reasonably necessary from the permitholder or his or her conservator or heirs or estate for the purpose of verifying statements in the request prior to authorizing the transfer of the permit. 
(B) The department may approve the transfer of a California halibut bottom trawl vessel permit to a replacement vessel if all of the following requirements are met:
(i) In the form of a notarized application, the permitholder submits to the department a request for the transfer of a California halibut bottom trawl vessel permit to another vessel owned by the permitholder.
(ii) The permitholder provides a current United States Coast Guard certificate of documentation or vessel marine survey to the department for the permitted vessel and replacement vessel.
(A) (iii)  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. Based on the information provided pursuant to clause (ii), the department determines that the replacement vessel is equal to or less than the capacity of the permitted vessel. 
(iv) The department determines the California halibut bottom trawl vessel permit for the permitted vessel is valid and has not been suspended or revoked.
(v) If applicable, the department receives written confirmation from the replacement vessel’s owner or authorized agent, or mortgager, of the vessel’s participation in the transfer of the California halibut bottom trawl vessel permit.
(vi) The replacement vessel is registered with the department pursuant to Section 7881 at the time the application is submitted pursuant to clause (i).
(C) The department may approve the transfer of a California halibut bottom trawl vessel permit to another person if all of the following requirements are met:
(i) In the form of a notarized application, the permitholder or his or her conservator or estate submits to the department a request to transfer a California halibut bottom trawl vessel permit to another person.
(ii) If the permitholder’s estate submits a request pursuant to clause (i), the estate submits the notarized application to the department within one year of the death of the permitholder as listed on the death certificate.
(iii) A current United States Coast Guard certificate of documentation or vessel marine survey is provided to the department for the permitted vessel and vessel to be used by the proposed transferee.
(iv) Based on the information provided pursuant to clause (iii), the department determines that the vessel to be used by the proposed transferee is equal to or less than the capacity of the permitted vessel.
(v) The proposed transferee meets both of the following requirements:
(I) The person has a valid commercial fishing license issued pursuant to Section 7852 that has not been suspended or revoked.
(II) The person is the owner of a commercial fishing vessel that is registered with the department pursuant to Section 7881 that registration has not been suspended or revoked.
(B) (vi)  California halibut landings contributed significantly to the record and economic income derived from the vessel, as determined by regulations adopted by the commission. The commission may request information that it determines is reasonably necessary from  The permit for the permitted vessel is current, and  the permitholder or his or her heirs conservator  or estate for the purpose of verifying statements in the request prior to authorizing the transfer of the permit. submitting the application is responsible for any renewal of the permit that becomes due during the application processing period. 
(vii) Under penalty of perjury, the permitholder or his or her conservator or estate signs the application for transfer and certifies that the information included is true to the best of his or her information and belief.
(D) Any applicant who is denied transfer pursuant to this paragraph may appeal the denial in writing describing the basis for the appeal to the commission within 60 days from the date of the department’s decision.
(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. 8.

 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° 54.146′ N122° 4.244′ W
36° 52.910′ N122° 4.225′ 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° 49.835′ N121° 51.840′ 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 1/2one-half  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 1/2one-half  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 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. 9.

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

8496.
 Within (a)   the  Unless otherwise specified by the commission pursuant subdivision (b), within the  California halibut trawl grounds the following requirements shall apply to the use of trawl nets:
(1) Open season and hours of operation shall be as follows:
(a) (A)  Open season shall be June 16 to March 14, inclusive.
(B) 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) (2)  California halibut shall only be taken pursuant to Section 8392.
(c) (3)  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) (4)  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) (5)  Sections 8833 and 8836 do not apply to trawl nets when used or possessed on California halibut trawl grounds.
(f) (6)  Trawl nets described in Section 8843 shall only be used within the halibut trawl grounds.
(g) (7)  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 7 seven 1/2 and one-half  inches in length.
(h) (8)  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.
(b) The commission may reduce the length of the open season or hours of operation, or either of those, specified in paragraph (1) of subdivision (a). The commission may also modify any of the requirements of paragraphs (2) to (8), inclusive, of subdivision (a) to make those requirements more restrictive.

SEC. 10.

 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 establish a retrieval program  to provide for the retrieval of lost or abandoned commercial crab traps. Dungeness crab traps by June 30, 2019. 
(b) (1) The  As part of the regulations adopted   retrieval program developed  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  (a) shall be  consistent with all of the following:
(A) (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 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). 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.
(B) (3)  The department shall establish require  a fee to be charged to  retrieval permitholder to notify the former trap owner of the retrieval of  a Dungeness crab vessel permitholder for each trap belonging to the permitholder that is retrieved through the program.  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 per-trap fees on any former trap owner who refuses to pay the recovery fee to the retrieval permitholder.  The department shall set the fee  rate of these per-trap fees  at a level sufficient to cover the reasonable regulatory costs associated with the  recover any costs to the department from handling noncompliance with the gear retrieval  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. 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. 
(C) (4)  The department may use entities in addition to the department, including, but not limited to, nongovernmental organizations, to help implement the program. 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). 
(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) (5)  The department shall not renew  may deny an application for renewal or transfer of  a Dungeness crab vessel permit until any fee the applicant pays any fees  imposed pursuant to subparagraph (B) has been paid. paragraph (3). 
(2) The department may adopt additional requirements necessary to implement the program described in this subdivision.
(3) (6)  The department shall submit the proposed retrieval  program developed pursuant to this subdivision 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, 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. 11.

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

9005.
 Every trap or string of traps, traps  shall be marked with a buoy. The department shall implement regulations by January 1, 2020, requiring standardized gear marking for those fisheries in which the department determines it is appropriate. As part of the regulations, the department shall establish a fee for each fishery requiring standardized gear marking pursuant to this section and shall set and adjust each fee in an amount to fully recover, but not exceed, all reasonable administrative and implementation costs of the department relating to the standardized gear marking requirement. 
SEC. 12.
 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.