Gill nets: permits., the official text

An act to amend Section 8681.5 of the Fish and Game Code, relating to commercial fishing.

LEGISLATIVE COUNSEL'S DIGEST

Existing law prohibits gill nets and trammel nets from being used for commercial purposes, except under a revocable, nontransferable permit issued by the Department of Fish and Wildlife. Existing law requires the Fish and Game Commission to adopt regulations for the issuance of gill net and trammel net permits as necessary to establish an orderly gill net and trammel net fishery. Existing law prohibits the department from issuing any new gill net or trammel net permits and authorizes the department to renew an existing gill net or trammel net permit. Existing law authorizes a gill or trammel net permitholder to transfer that permit to any person qualified under the regulations adopted by the commission if the permitholder presents to the department satisfactory evidence that they have taken and landed fish for commercial purposes in at least 15 of the preceding 20 years. Existing law also authorizes the transfer of a gill or trammel net permit to another qualified individual upon the disability or death of the original permitholder, as specified.
This bill would eliminate the provisions that authorize the transfer of a gill or trammel net permit to another qualified individual upon the disability or death of the original permitholder. The bill would, on and after January 1, 2027, only allow a permitholder to transfer a permit under the other transfer authorization described above to a family member pursuant to regulations adopted by the commission, as specified. After a permit is transferred pursuant to that authorization, the bill would prohibit the further transfer of that permit.

The people of the State of California do enact as follows:

SECTION 1.
Section 8681.5 of the Fish and Game Code is amended to read:
8681.5.
(a) Except as provided in subdivision (b), the department shall not issue or renew a gill net or trammel net permit under Section 8681.
(b) The department may renew an existing, valid permit issued under Section 8681, under regulations adopted by the commission and upon payment of the fee prescribed under Section 8683.
(c) (1) Notwithstanding subdivisions (a) and (b) or Section 8681, until January 1, 2027, any person who has an existing, valid permit issued pursuant to Section 8681, and presents to the department satisfactory evidence that the person has taken and landed fish for commercial purposes in at least 15 of the preceding 20 years, may transfer that permit to any person otherwise qualified under the regulations adopted pursuant to Section 8682 upon payment of the fee prescribed under Section 8683.
(2) Notwithstanding subdivisions (a) and (b) or Section 8681, on and after January 1, 2027, any person who has an existing, valid permit issued pursuant to Section 8681, and presents to the department satisfactory evidence that the person has taken and landed fish for commercial purposes in at least 15 of the preceding 20 years, may transfer that permit one time to a family member pursuant to regulations adopted under Section 8682 and upon payment of the fee prescribed under Section 8683, at which point the permit shall become nontransferable.
(d) The Legislature finds and declares that this section is more restrictive on the use and possession of gill nets and trammel nets than the version of this section in effect on January 1, 1989, and therefore complies with Section 8610.4, and Section 4 of Article X B of the California Constitution.