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SB-262 Marine resources: commercial fishing and aquaculture: regulation of operations.(2019-2020)

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Date Published: 06/12/2019 09:00 PM
SB262:v97#DOCUMENT

Amended  IN  Assembly  June 12, 2019
Amended  IN  Senate  March 18, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 262


Introduced by Senator McGuire

February 12, 2019


An act to amend Sections 8051 and 8405.4 8051, 8405.4, and 9002.5 of the Fish and Game Code, and to add Section 30612.5 to the Public Resources Code, relating to commercial fishing. marine resources.


LEGISLATIVE COUNSEL'S DIGEST


SB 262, as amended, McGuire. Commercial fishing: landing fees: sea cucumbers. Marine resources: commercial fishing and aquaculture: regulation of operations.
(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 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.
(3) 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.
(4) 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.

(3)

(5) 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.

 Section 8051 of the Fish and Game Code is amended to read:

8051.
 (a) The landing fee imposed pursuant to Section 8041 shall be determined pursuant to Section 8042 by using the fee rates in the following schedule, as adjusted pursuant to subdivision (b):
Rate per
pound 
Lobster
$  0.1333
Spot prawn and abalone
$  0.1000
Salmon and swordfish, based only on the weight in the round
$  0.0333
Halibut, sea cucumber, white seabass, sheephead, and Dungeness crab
$  0.0333
Shortspine thornyhead, sablefish, lingcod, and prawns and shrimp (except spot prawn and pink shrimp)
$  0.0133
Angel, thresher, and bonito sharks, based only on the weight in the round
$  0.0097
All fish and invertebrates unless otherwise specified
$  0.0067
Sea urchin, pink shrimp, smelts, soles, turbot, longspine thornyhead, night smelt, and sanddabs
$  0.0047
Bonito, flounder, grenadiers, herring, and skates
$  0.0027
Market squid
$  0.0023
Anchovy, mackerel, sardines, and Pacific whiting
$  0.0010
(b) (1) The fee rates specified in subdivision (a) are applicable to the 2020 calendar year, and shall be adjusted annually thereafter pursuant to this subdivision.
(2) 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, shall be used as the index to determine an annual rate of increase or decrease in the fee rates specified in subdivision (a).
(3) The department shall determine the change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, for the quarter ending March 31 of the current year compared to the quarter ending March 31 of the previous year. The relative amount of the change shall be multiplied by the current fee rates.
(4) The product of the calculation made pursuant to paragraph (3) shall be added to the applicable fee rate for the current year. The resulting amounts shall be the fee rates for the calendar year beginning on or after January 1 of the next succeeding calendar year.
(c) The calculations provided for in this section shall be reported by the department to the Legislature with the Governor’s Budget Bill.
(d) The Legislature finds that all revenue generated by fee rates computed under this section, and used for the purposes for which they were imposed, are not subject to Article XIII B of the California Constitution.

SEC. 2.

 Section 8405.4 of the Fish and Game Code is amended to read:

8405.4.
 This article shall become inoperative on April 1, 2030, and as of January 1, 2031, is repealed.

SEC. 3.

 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) (A) 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 both of following periods of time:
(i) The closed season of the Dungeness crab commercial fishery, as described in Section 8276. The
(ii) A period of time other than the time period described in clause (i) in which the director restricts the take of Dungeness crab pursuant to Section 8276.1 or regulations adopted pursuant to that section, if the director authorizes retrieval permitholders to retrieve traps during that time period.
(B) The department may establish any qualifications it deems necessary for a person to obtain a retrieval permit. The
(C) 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 per-trap fees on any former trap owner who refuses to pay the recovery fee to the retrieval permitholder. The department shall set the rate of these per-trap fees at a level sufficient to recover any costs to the department from handling noncompliance with the gear retrieval program and to 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.
(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) 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. 4.

 Section 30612.5 is added to the Public Resources Code, to read:

30612.5.
 (a) By December 31, 2020, the commission, in consultation with the Department of Fish and Wildlife, any other state agency relevant to coastal permitting, and stakeholders, shall develop guidance for applicants for coastal development permits for shellfish, seaweed, and other low-trophic mariculture production and restoration.
(b) Guidance developed pursuant to this section has the following purposes:
(1) To reduce duplicative or overlapping information requirements during permit application filing.
(2) To increase state and federal agency coordination.
(3) To increase regulatory certainty.
(4) To reduce the time and cost associated with securing a coastal development permit, to the extent possible.
(c) Guidance developed pursuant to this section shall include, but is not limited to, all of the following:
(1) A list of elements required in a project description.
(2) Projected permit approval timelines.
(3) A description of how permits can provide the flexibility to allow growers to adapt to new methods.
(4) Examples of operational changes that could qualify for expedited review, for example, a de minimis waiver or an immaterial permit amendment.
(5) A description of growing methods and techniques that have been approved by the commission and the contexts associated with those approvals.
(6) A process for incorporating data from comparable growing areas.

SEC. 3.SEC. 5.

 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.