2009 California Fish and Game Code - Section 8275-8284 :: Article 6. Crab

8275.  Unless the provision or context otherwise requires, the
definitions in this section govern the construction of this article.
   (a) "Dungeness crab" or "market crab" means crab of the species
Cancer magister.
   (b) "Reconstruction" means major work on the hull of a vessel to
make that vessel operable in the California crab fishery if that work
may reasonably be expected to be of a duration that will preclude
operation of that vessel in the crab fishery for the length of the
crab season or longer.
   (c) "Rock crab" means any crab of the genus Cancer other than
Dungeness crab and includes rock crab (Cancer antennarius), red crab
(Cancer productus), and yellow crab (Cancer anthonyi).
   (d) "Under construction" means having plans and materials and
proceeding with work toward the completion of an operational
Dungeness crab fishing vessel.

8276.  Except as provided in Section 8276.2:
   (a) Dungeness crab may be taken for commercial purposes in
Districts 6, 7, 8, and 9 only between December 1 and July 15.
   (b) Dungeness crab may be taken for commercial purposes in all
other districts only between November 15 and June 30.
   (c) Dungeness crab may not be taken for commercial purposes in any
district, or part of a district, lying within the portions of
Crescent City Harbor between the south sand barrier and the
breakwater.

8276.2.  (a) The director may order a delay in the opening of the
Dungeness crab fishery after December 1 in Districts 6, 7, 8, and 9
in any year. The delay in the opening shall not be later than January
15 of any year.
   (b) On or about November 1 of each year, the director may
authorize one or more operators of commercial fishing vessels to take
and land a limited number of Dungeness crab for the purpose of
quality testing according to a testing program conducted by, or on
behalf of, the Pacific States Marine Fisheries Commission or an
entity approved by the department. The department shall not approve a
testing program unless it is funded by the entity authorized to
conduct the testing program. Crab taken pursuant to this section
shall not be sold; however, any edible crabmeat recovered from the
crabs tested shall not be wasted and may be used for charitable
purposes.
   (c) The director shall order the opening of the Dungeness crab
season in Districts 6, 7, 8, and 9 on December 1 if the quality tests
authorized in subdivision (b) indicate the Dungeness crabs are not
soft-shelled or low quality. The entity authorized to conduct the
approved testing program may test, or cause to be tested, crabs taken
for quality and soft shells pursuant to the approved testing
program. If the tests are conducted on or about November 1 and result
in a finding that Dungeness crabs are soft-shelled or low quality,
the director shall authorize a second test to be conducted on or
about November 15 pursuant to the approved testing program. If the
second test results in a finding that Dungeness crabs are
soft-shelled or low quality, the director may order the season
opening delayed for a period of 15 days and may authorize a third
test to be conducted on or about December 1. If the third test
results in a finding that Dungeness crabs remain soft-shelled or of
low quality, the director may order the season opening delayed for a
period of an additional 15 days and authorize a fourth test to be
conducted. This procedure may continue to be followed, except that no
tests shall be conducted after January 1 for that season, and the
season opening shall not be delayed by the director later than
January 15.
   (d) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

8276.3.  (a) If there is any delay ordered by the director pursuant
to Section 8276.2 in the opening of the Dungeness crab fishery in
Districts 6, 7, 8, and 9, a vessel may not take or land crab within
Districts 6, 7, 8, and 9 during any closure.
   (b) If there is any delay in the opening of the Dungeness crab
season pursuant to Section 8276.2, the opening date in Districts 6,
7, 8, and 9 shall be preceded by a 36-hour gear setting period, as
ordered by the director.
   (c) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

8276.4.  (a) The Ocean Protection Council shall make a grant, upon
appropriation of funding by the Legislature, for the development and
administration of a Dungeness crab task force. The membership of the
Dungeness crab task force shall be comprised of all of the following:
   (1) Two members representing sport fishing interests.
   (2) Two members representing crab processing interests.
   (3) One member representing commercial passenger fishing vessel
interests.
   (4) Two ex officio members representing nongovernmental
organization interests.
   (5) One ex officio representative of Sea Grant.
   (6) Two ex officio members representing the department.
   (7) Seventeen members representing commercial fishery interests,
elected by licensed persons possessing valid Dungeness crab permits
in their respective ports and production levels, as follows:
   (A) Four members from Crescent City.
   (B) One member from Trinidad.
   (C) Two members from Eureka.
   (D) Two members from Fort Bragg.
   (E) Two members from Bodega Bay.
   (F) Two members from San Francisco.
   (G) Two members from Half Moon Bay.
   (H) One member from ports south of Half Moon Bay.
   (I) One member who has a valid California nonresident crab permit.
   (b) For ports with more than one representative, elected members
and their alternates shall represent both the upper and lower, and in
some cases middle, production levels. Production levels shall be
based on the average landing during the previous five years, of valid
crab permitholders who landed a minimum of 25,000 pounds of crab
during the same period.
   (c) The Dungeness crab task force shall do all of the following:
   (1) Under the guidance of a professional facilitator hired by the
Ocean Protection Council for this purpose, review and evaluate
Dungeness crab management measures with the objective of making
recommendations to the Joint Committee on Fisheries and Aquaculture,
the department, and the commission no later than January 15, 2010.
   (2) Make recommendations, including, but not limited to, the need
for a permanent Dungeness crab advisory committee, refining sport and
commercial Dungeness crab management, establishing a Dungeness crab
marketing commission, and the need for statutory changes to
accomplish task force objectives.
   (3) In considering Dungeness crab management options, prioritize
the review of pot limit restriction options, harvest allocation,
current and future sport and commercial fishery effort, season
modifications, essential fishery information needs, and short- and
long-term objectives for improved management.
   (d) The task force may establish subcommittees of specific user
groups from the task force membership to focus on issues specific to
sport fishing, commercial harvest, or crab processing. The
subcommittees shall report their recommendations, if any, to the task
force.
   (e) The Ocean Protection Council may include in a grant, funding
to cover department staffing costs, as well as task force participant
travel.
   (f) A recommendation shall be forwarded to the Joint Committee on
Fisheries and Aquaculture, the department, and the commission upon an
affirmative vote of at least two-thirds of the task force members.
   (g) The task force shall cease to exist on January 1, 2011.
   (h) Eligibility to take crab in California waters and offshore for
commercial purposes may be subject to restrictions, including, but
not limited to, restrictions on the number of traps utilized by that
person, if either of the following occurs:
   (1) A person holds a Dungeness crab permit with landings of less
than 5,000 pounds between November 15, 2003, and July 15, 2008,
inclusive.
   (2) A person has purchased a Dungeness crab permit on or after
July 15, 2008, from a permitholder who landed less than 5,000 pounds
between November 15, 2003, and July 15, 2008, inclusive.
   (i) This section shall remain in effect only until January 1,
2011, and as of that date is repealed unless a later enacted statute,
which is enacted before January 1, 2011, deletes or extends that
date, or it is rendered inoperative by commission regulations.

8277.  (a) The director may extend the Dungeness crab season in any
district or part thereof.
   (b) Before extending the Dungeness crab season, the director shall
consider written findings of the department regarding the state of
the Dungeness crab resource in the district, or part thereof, which
consider, but are not limited to, population and maturity. The
director may extend the season only if the written findings do not
conclude that the extension will damage the Dungeness crab resource.
   (c) The director shall not extend the Dungeness crab season past
August 31 in a district, or part thereof, north of the southern
boundary of Mendocino County or past July 31 in a district, or part
thereof, south of Mendocino County. The director shall order closure
of the season at any time during the extension period if the director
determines that further fishing will damage the Dungeness crab
resource.

8278.  (a) Except as otherwise provided, no Dungeness crab less than
six and one-quarter (6 1/4) inches in breadth, and no female
Dungeness crab, may be taken, possessed, bought, or sold, except that
not more than 1 percent in number of any load or lot of Dungeness
crabs may be less than six and one-quarter (6 1/4) inches in breadth
but not less than five and three-quarters (5 3/4) inches in breadth.
   (b) Dungeness crab shall be measured by the shortest distance
through the body from edge of shell to edge of shell directly from
front of points (lateral spines).

8279.  It is unlawful to sell any Dungeness crab taken in any of the
following waters:
   (a) The Eel River and its tributaries between the Pacific Ocean
and the west line of Sec. 35, T. 3 N., R. 1 W., H. B. & M.
   (b) The Pacific Ocean within a radius of one mile from the mouth
of the Eel River.
   (c) Humboldt Bay, including the entrance of that bay, and the
Pacific Ocean within a radius of one mile from the extreme western
point of the north jetty at the entrance of the bay and for a radius
of one mile from the extreme western point of the south jetty at the
entrance of the bay.
   (d) Trinidad Bay, that bay being the body of water within the area
inclosed by a line running southeasterly from the westernmost point
of Trinidad Head to the mouth of Luftenholtz Creek.
   (e) Bodega Lagoon.

8279.1.  (a) No person shall take, possess onboard, or land
Dungeness crab for commercial purposes from any vessel in ocean
waters in District 6, 7, 8, or 9 for 30 days after the opening of the
Dungeness crab fishing season in California, if both of the
following events have occurred:
   (1) The opening of the season has been delayed pursuant to state
law in California.
   (2) The person has taken, possessed onboard, or landed Dungeness
crab for commercial purposes, from ocean waters outside of District
6, 7, 8, or 9, prior to the opening of the season in those districts.
   (b) No person shall take, possess onboard, or land Dungeness crab
for commercial purposes from any vessel in ocean waters south of the
border between Oregon and California for 30 days after the opening of
the Dungeness crab fishing season in California, if both of the
following events have occurred:
   (1) The opening of the season has been delayed pursuant to state
law in California.
   (2) The person has taken, possessed onboard, or landed Dungeness
crab for commercial purposes in Oregon or Washington prior to the
opening of the season in California.
   (c) No person shall take, possess onboard, or land Dungeness crab
for commercial purposes from any vessel in ocean waters north of the
border between Oregon and California for 30 days after the opening of
the Dungeness crab fishing season in Oregon or Washington, if both
of the following events have occurred:
   (1) The opening of the season has been delayed in Oregon or
Washington.
   (2) The person has taken, possessed onboard, or landed Dungeness
crab for commercial purposes in California prior to the opening of
the season in ocean waters off Oregon or Washington.
   (d) No person shall take, possess onboard, or land Dungeness crab
for commercial purposes from any vessel in ocean waters off
Washington, Oregon, or California for 30 days after the opening of
the Dungeness crab fishing season in California, Oregon, or
Washington, if both of the following events have occurred:
   (1) The opening of the season has been delayed in Washington,
Oregon, or California.
   (2) The person has taken, possessed onboard, or landed Dungeness
crab for commercial purposes in either of the two other states prior
to the delayed opening in the ocean waters off any one of the three
states.
   (e) A violation of this section shall not constitute a
misdemeanor. Pursuant to Section 7857, the commission shall revoke
the Dungeness crab vessel permit held by any person who violates this
section.
   (f) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

8280.  (a) The Legislature finds and declares that the Dungeness
crab fishery is important to the state because it provides a valuable
food product, employment for those persons engaged in the fishery,
and economic benefits to the coastal communities of the state.
   (b) The Legislature further finds that, in order to protect the
Dungeness crab fishery, it is necessary to limit the number of
vessels participating in that fishery to take Dungeness crab and it
may be necessary to limit the quantity and capacity of the fishing
gear used on each vessel to take Dungeness crab.
   (c) The Legislature further finds and declares that to limit the
number of vessels in the Dungeness crab fishery, it is necessary to
require that the owner of each vessel participating in the fishery
obtain and possess a permit for that vessel and that the initial
issuance of permits shall be limited to those persons owning vessels
qualifying under Section 8280.1.

8280.1.  (a) No person shall use a vessel to take, possess, or land
Dungeness crab for commercial purposes using Dungeness crab traps
authorized pursuant to Section 9011, unless the owner of that vessel
has a Dungeness crab vessel permit for that vessel that has not been
suspended or revoked. This section does not apply to a commercially
registered fishing vessel when it is being used solely to assist a
permitted vessel transport or set traps.
   (b) A Dungeness crab vessel permit may be issued only to the
following persons for use on qualifying vessels:
   (1) A person, who has a commercial fishing license issued pursuant
to Section 7852 or Article 7 (commencing with Section 8030) of
Chapter 1 that has not been suspended or revoked, who is the owner of
a commercial fishing vessel that has been registered with the
department pursuant to Section 7881 in each of the 1991-92, 1992-93,
and 1993-94 permit years and a minimum of four landings in each of
three Dungeness crab seasons in the period from November 1, 1984, to
April 1, 1994, have been made from that vessel. This paragraph
includes any person purchasing a vessel qualifying pursuant to this
paragraph.
   (2) A person who has a commercial fishing license issued pursuant
to Section 7852 or Article 7 (commencing with Section 8030) of
Chapter 1 that has not been suspended or revoked, who is the owner of
a commercial fishing vessel that has been registered with the
department pursuant to Section 7881 in each of the 1991-92, 1992-93,
and 1993-94 permit years and a minimum of four landings in one of the
Dungeness crab seasons in the period from November 1, 1984, to April
1, 1994, have been made from that vessel in this state as documented
by landing receipts delivered to the department pursuant to Section
8046, who the department finds to have been unable, due to illness or
injury or any other hardship, to make a minimum of four landings in
each of two of the previous three Dungeness crab seasons, and who, in
good faith, intended to participate in the Dungeness crab fishery in
those seasons.
   (3) A person who has a commercial fishing license issued pursuant
to Section 7852 that has not been suspended or revoked, who meets the
requirements of Section 8101, and who, notwithstanding Section 8101,
is, at the time of application, the owner of a fishing vessel that
is not equipped for trawling with a net and that has been registered
pursuant to Section 7881 in each of the 1991-92, 1992-93, and 1993-94
permit years. Not more than one Dungeness crab vessel permit shall
be issued to any person qualifying under Section 8101 and all permits
issued under Section 8101 shall, notwithstanding paragraph (1) of
subdivision (a) of Section 8280.3, be nontransferable. A person
qualifying for a permit under this paragraph shall have participated
in the Dungeness crab fishery on or before March 31, 1994, as
documented by landing receipts that were prepared in that person's
name for not less than four landings of Dungeness crab taken in a
crab trap in a Dungeness crab season and were delivered to the
department pursuant to Section 8046. No person shall be issued a
permit under this paragraph if that person has been issued a permit
under any other provision of this section for another vessel. For
purposes of Section 8101, "participated in the fishery" means made
not less than four landings of Dungeness crab taken by traps in that
person's name in one Dungeness crab season. The department shall
separately identify permits issued pursuant to this paragraph and
those permits shall become immediately null and void upon the death
of the permittee. The department shall not issue or renew any permit
under this paragraph to a person if the person failed to meet the
participation requirements of four landings in one season prior to
April 1, 1994, or has been issued a Dungeness crab permit for a
vessel under any other paragraph of this subdivision.
   (4) A person who has a commercial fishing license issued pursuant
to Section 7852 that has not been suspended or revoked, who meets one
of the following conditions:
   (A) The person held a Dungeness crab permit issued pursuant to
Section 8280 as it read on April 1, 1994, and participated in the
Dungeness crab fishery between November 1, 1984, and April 1, 1994,
and is the owner of a vessel that has been registered with the
department in each of the 1991-92, 1992-93, and 1993-94 permit years
but did not make landings or the department records do not indicate a
minimum of four landings per season for three Dungeness crab seasons
from that vessel or in that person's name because of a partnership
or other working arrangement where the person was working aboard
another vessel engaged in the Dungeness crab fishery in California.
   (B) The person held a Dungeness crab permit issued under Section
8280 as it read on April 1, 1994, and is the owner of a commercial
fishing vessel that has been registered with the department pursuant
to Section 7881 in each of the 1991-92, 1992-93, and 1993-94 permit
years and from which a minimum of four landings utilizing traps were
made in at least one Dungeness crab season in the period between
November 1, 1984, and April 1, 1994, and from which either four
landings were made utilizing traps or landings in excess of 10,000
pounds were made utilizing traps in each of two other Dungeness crab
seasons in that same period, as documented by landing receipts.
   (C) The person held a Dungeness crab vessel permit issued under
Section 8280 as it read on April 1, 1994, or was an officer in a
California corporation that was licensed pursuant to Article 7
(commencing with Section 8030) of Chapter 1 as of April 1, 1994, and
began construction or reconstruction of a vessel on or before January
1, 1992, for the purpose of engaging in the Dungeness crab fishery,
including the purchase of equipment and gear to engage in that
fishery in California. A person may be issued a permit under this
condition only if the person intended in good faith to participate in
the California Dungeness crab fishery, a denial of a permit would
create a financial hardship on that person, and, for purposes of
determining financial hardship, the applicant is a nonresident and
cannot participate with his or her vessel or vessels in the Dungeness
crab fishery of another state because of that state's limited entry
or moratorium on the issuance of permits for the taking of Dungeness
crab.
   (5) A person who has a commercial fishing license issued pursuant
to Section 7852 that has not been suspended or revoked, who held a
Dungeness crab permit issued under Section 8280 as it read on April
1, 1994, who made a minimum of four landings of Dungeness crab taken
by traps in each of three Dungeness crab seasons in the period from
November 1, 1984, to April 1, 1994, in his or her name in this state
from a vessel owned by that person, as documented by landing
receipts, who, between April 1, 1991, and January 1, 1995, purchased,
contracted to purchase, or constructed a vessel, not otherwise
qualifying pursuant to paragraph (1), (2), or (4), who has
continuously owned that vessel since its purchase or construction,
and who either (A) has used that vessel for the taking of Dungeness
crab in this state on or before March 31, 1995, as documented by one
or more landing receipts delivered to the department pursuant to
Section 8046, or (B) intended in good faith, based on evidence that
the department and the review panel may require, including investment
in crab gear, to enter that vessel in this state's Dungeness crab
fishery not later than December 1, 1995. Not more than one permit may
be issued to any one person under this paragraph.
   (6) A person who held a Dungeness crab permit issued under Section
8280 as it read on April 1, 1994, who made a minimum of four
landings utilizing traps in this state in each of three Dungeness
crab seasons in the period between November 1, 1984, and April 1,
1994, in his or her name from a vessel operated by that person as
documented by landing receipts, who currently does not own a vessel
in his or her name, and who has not sold or transferred a vessel
otherwise qualifying for a permit under this section. A permit may be
issued under this paragraph for a vessel not greater in size than
the vessel from which the previous landings were made, and, in no
event, for a vessel of more than 60 feet in overall length, to be
placed on a vessel that the person purchases or contracts for
construction on or before April 1, 1996. A permit issued under this
paragraph shall be nontransferable and shall not be used for a vessel
not owned by that person, and shall be revoked if the person (A)
fails to renew the permit or annually renew his or her commercial
fishing license issued pursuant to Section 7852 or (B) is or becomes
the owner of another vessel permitted to operate in the Dungeness
crab fishery pursuant to this section.
   (c) The department may require affidavits offered under penalty of
perjury from persons applying for permits under subdivision (b) or
from witnesses corroborating the statements of a person applying for
a Dungeness crab vessel permit. Affidavits offered under penalty of
perjury shall be required of an applicant if the department cannot
locate records required to qualify under subdivision (b).
   (d) No person shall be issued a Dungeness crab vessel permit under
this section for any vessel unless that person has a valid
commercial fishing license issued pursuant to Section 7852 that has
not been suspended or revoked.
   (e) Notwithstanding Section 7852.2 or subdivision (e) of Section
8280.2, the department may issue a Dungeness crab vessel permit that
has not been applied for by the application deadline if the
department finds that the failure to apply was a result of a mistake
or hardship, as established by evidence the department may require,
the late application is made not later than October 15, 1995, and
payment is made by the applicant of a late fee of two hundred fifty
dollars ($250) in addition to all other fees for the permit.
   (f) The department may waive the requirement that a person own a
commercial fishing vessel that has been registered with the
department pursuant to Section 7881 in each of the 1991-92, 1992-93,
and 1993-94 permit years for one of those required years under this
section only if the vessel was registered and used in the California
Dungeness crab fishery during the registration year immediately prior
to the year for which the waiver is sought and was registered and
used in the California Dungeness crab fishery after the year for
which the waiver is sought and if the reason for the failure to
register in the year for which the waiver is sought was due to a
death, illness, or injury, or other hardship, as determined by the
review panel, that prevented the vessel from being registered and
operated in the fishery for that registration year.
   (g) If any person submits false information for the purposes of
obtaining a Dungeness crab vessel permit under this section, the
department shall revoke that permit, if issued, revoke the person's
commercial fishing license that was issued pursuant to Section 7850
for a period of not less than five years, and revoke the commercial
boat registration for a period of not less than five years of any
vessel registered to that person pursuant to Section 7881 of which
that person is the owner.
   (h) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

8280.2.  (a) The owner of a Dungeness crab vessel, for purposes of
this section, may include a person with a bona fide contract for the
purchase of a vessel who otherwise meets all other qualifications for
a Dungeness crab vessel permit. If a contract is found to be
fraudulent or written or entered into for the purposes of
circumventing qualification criteria for the issuance of a permit,
the applicant shall be permanently ineligible for a Dungeness crab
vessel permit.
   (b) A Dungeness crab vessel permit shall be issued only to the
person owning the vessel at the time of application for that permit.
No person shall be issued more than one permit for each vessel owned
by that person and qualifying for a permit pursuant to Section
8280.1.
   (c) A Dungeness crab vessel permit shall be issued only to the
owner of a vessel taking crab by traps. No permit shall be issued to
the owner of a vessel using trawl or other nets unless the owner of
that vessel qualifies for a permit pursuant to paragraph (1) of
subdivision (b) of Section 8280.1. No trawl or other net vessel
authorized under this code to take Dungeness crab incidental to the
taking of fish in trawl or other nets shall be required to possess a
Dungeness crab vessel permit.
   (d) Dungeness crab vessel permits shall not be combined or
otherwise aggregated for the purpose of replacing smaller vessels in
the fishery with a larger vessel, and a permit shall not be divided
or otherwise separated for the purpose of replacing a vessel in the
fishery with two or more smaller vessels.
   (e) Applications for renewal of all Dungeness crab vessel permits
shall be received by the department, or, if mailed, postmarked, by
April 30 of each year. In order for a vessel to retain eligibility, a
permit shall be obtained each year subsequent to the initial permit
year and the vessel shall be registered pursuant to Section 7881. The
vessel owner shall have a valid commercial fishing license issued to
that person pursuant to Section 7852 that has not been suspended or
revoked. No minimum landings of Dungeness crab shall be required
annually to be eligible for a Dungeness crab vessel permit.
   (f) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

8280.3.  (a) Notwithstanding Article 9 (commencing with Section
8100) of Chapter 1 and except as provided in this section, a
Dungeness crab vessel permit shall not be transferred.
   (1) The owner of a vessel to whom a Dungeness crab vessel permit
has been issued shall transfer the permit for the use of that vessel
upon the sale of the vessel by the permitholder to the person
purchasing the vessel. Thereafter, upon notice to the department, the
person purchasing the vessel may use the vessel for the taking and
landing of Dungeness crab for any and all of the unexpired portion of
the permit year, and that person is eligible for a permit pursuant
to Section 8280.1 for the use of that vessel in subsequent years. The
person purchasing the vessel may not transfer the permit for use of
that vessel in the Dungeness crab fishery to another replacement
vessel during the same permit year.
   (2) The owner of a vessel to whom the Dungeness crab vessel permit
has been issued may transfer the permit to a replacement vessel of
equivalent capacity, except as specified in this section. Thereafter,
upon notice to the department and payment of the transfer fee
specified in Section 8280.6, the replacement vessel may be used for
the taking and landing of Dungeness crab for any and all of the
unexpired portion of the permit year and that person is eligible for
a permit pursuant to Section 8280.1 for the use of that replacement
vessel in subsequent years.
   The owner of a permitted vessel may transfer the permit to a
vessel of greater capacity that was owned by that person on or before
November 15, 1995, not to exceed 10 feet longer in length overall
than the vessel for which the permit was originally issued or to a
vessel of greater capacity purchased after November 15, 1995, not to
exceed five feet longer in length overall than the vessel for which
the permit was originally issued.
   The department, upon recommendation of the Dungeness crab review
panel, may authorize the owner of a permitted vessel to transfer the
permit to a replacement vessel that was owned by that person on or
before April 1, 1996, that does not fish with trawl nets that is
greater than five feet longer in length overall than the vessel for
which the permit was originally issued, if all of the following
conditions are satisfied:
   (A) A vessel of a larger size is essential to the owner for
participation in another fishery other than a trawl net fishery.
   (B) The owner held a permit on or before January 1, 1995, for the
fishery for which a larger vessel is needed and has participated in
that fishery.
   (C) The permit for the vessel from which the permit is to be
transferred qualified pursuant to paragraph (1) of subdivision (b) of
Section 8280.1.
   (D) The vessel to which the permit is to be transferred does not
exceed 20 feet longer in length overall than the vessel for which the
permit was originally issued and the vessel to which the permit is
to be transferred does not exceed 60 feet in overall length.
   No transfer of a permit to a larger vessel shall be allowed more
than one time. If a permit is transferred to a larger vessel, any
Dungeness crab vessel permit for that permit year or any subsequent
permit years for that larger vessel may not be transferred to another
larger vessel. The department shall not thereafter issue a Dungeness
crab vessel permit for the use of the original vessel from which the
permit was transferred, except that the original vessel may be used
to take or land Dungeness crab after that transfer if its use is
authorized pursuant to another Dungeness crab vessel permit
subsequently transferred to that vessel pursuant to this paragraph.
   (3) Upon the written approval of the department, the owner of a
vessel to whom the Dungeness crab vessel permit has been issued may
temporarily transfer the permit to another replacement vessel, for
which use in the Dungeness crab fishery is not permitted pursuant to
this section or Section 8280.1, for a period of not more than six
months during the current permit year if the vessel for which the
permit was issued is seriously damaged, suffers major mechanical
breakdown, or is lost or destroyed, as determined by the department,
upon approval of the director. The owner of the vessel shall submit
proof that the department may reasonably require to establish the
existence of the conditions of this paragraph. Upon approval by the
director, the owner of a lost or destroyed vessel granted a six-month
temporary transfer under this section may be granted an additional
six-month extension of the temporary transfer.
   (4) Upon written approval of the department, the owner of a vessel
to whom the Dungeness crab vessel permit has been issued may retain
that permit upon the sale of that permitted vessel for the purpose of
transferring the permit to another vessel to be purchased by that
individual within one year of the time of sale of the vessel for
which the permit was originally issued if the requirements of this
section are satisfied, including the payment of transfer fees. If the
permit is not transferred to a new vessel owned by the person to
whom the vessel permit was originally issued within one year of the
sale of the vessel for which it was originally issued, or if the
person does not retain ownership of the new vessel to which the
permit is transferred for a period of not less than one year, the
permit shall be revoked.
   (5) In the event of the death or incapacity of a permitholder, the
permit shall be transferred, upon application, to the heirs or
assigns, or to the working partner, of the permitholder, together
with the transfer of the vessel for which the permit was issued, and
the new owner may continue to operate the vessel under the permit,
renew the permit, or transfer the permit upon sale of the vessel
pursuant to paragraph (1).
   (b) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

8280.4.  (a) The commission may revoke the commercial fishing
license issued pursuant to Section 7852 of any person owning a
fishing vessel engaging in the taking or landing of Dungeness crab by
traps for which that person has not obtained a Dungeness crab vessel
permit, and the commission may revoke the registration, issued
pursuant to Section 7881, for that vessel.
   (b) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

8280.5.  (a) The director shall convene a Dungeness crab review
panel for the purpose of reviewing applications for Dungeness crab
vessel permits pursuant to paragraphs (2) and (4) of subdivision (b)
of Section 8280.1 and applications for permit transfers pursuant to
Section 8280.3 if the department determines that the additional
review and advice of the panel will be helpful in deciding whether to
issue a permit or approve a transfer.
   (b) The panel shall consist of one nonvoting representative of the
department and three public voting members selected by the director
to represent the Dungeness crab fishing industry. One public member
shall be licensed pursuant to Article 7 (commencing with Section
8030) of Chapter 1 and active in Dungeness crab processing in this
state. Two public members shall be licensed pursuant to Section 7852,
one from Sonoma County or a county south of Sonoma County, and one
from Mendocino County or a county north of Mendocino County, and
active in the taking and landing of Dungeness crab in this state. The
public members shall be reimbursed for their necessary and proper
expenses to participate on the panel. A public member shall serve on
the panel for not more than four consecutive years.
   (c) The panel may conduct its review of applications referred to
it by mail or teleconference.
   (d) The panel shall review each application for a permit or permit
transfer referred to it by the department and shall consider all
oral and written evidence presented by the applicant that is
pertinent to the application under review. If the panel recommends
issuance of a permit or approval of the transfer, the department may
issue a Dungeness crab vessel permit pursuant to Section 8280.1 or
approve a permit transfer pursuant to Section 8280.3.
   (e) All appeals of denials of Dungeness crab vessel permits shall
be made to the commission and may be heard by the commission if the
appeal of denial is filed in writing with the commission not later
than 90 days from the date of a permit denial. The commission may
order the department to issue a permit upon appeal if the commission
finds that the appellant qualified for a permit under this chapter.
   (f) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

8280.6.  (a) The department shall charge a fee for each Dungeness
crab vessel permit of two hundred dollars ($200) for a resident of
California and four hundred dollars ($400) for a nonresident of
California.
   (b) The department shall charge a nonrefundable fee of two hundred
dollars ($200) for each transfer of a permit authorized pursuant to
paragraph (2), (4), or (5) of subdivision (a) of Section 8280.3.
   (c) This section shall become inoperative on April 1, 2012, and,
as of January 1, 2013, is repealed, unless a later enacted statute
that is enacted before January 1, 2013, deletes or extends the dates
on which it becomes inoperative and is repealed.

8280.7.  Notwithstanding Section 8280.1, the owner of a vessel, who
has a Dungeness crab vessel permit for that vessel that has not been
suspended or revoked, may contract for the use of a vessel that is
registered pursuant to Section 7881 and for which a Dungeness crab
vessel permit has not been issued for the purpose of assisting the
crew of the permitted vessel in the deployment of Dungeness crab
traps. An unpermitted vessel used for the purpose of assisting in the
deployment of Dungeness crab traps pursuant to this section shall
not have on board any equipment for the retrieval of Dungeness crab
traps and shall not have on board at any time any Dungeness crab.

8280.9.  Dungeness crab vessel permits are valid only in state
waters and in the Pacific Ocean in federal waters south of the border
with Oregon.

8281.  Crab meat and frozen whole crabs or parts thereof, which are
taken during the open season, may be possessed, transported, and sold
at any time, subject to the regulations of the commission. The cost
of inspection and marking, under the regulations of the commission,
shall be paid by the owner or seller of such crab meat, crabs, or
parts thereof.

8282.  (a) Subject to this article and Article 1 (commencing with
Section 9000) of Chapter 4, and subject to the regulation of the
commission authorized under subdivision (c), rock crab may be taken
in traps in any waters of the state at any time, except in Districts
9, 19A, 19B, and 21 and those portions of District 20 lying on the
north and east sides of Santa Catalina Island north of Southeast
Rock. Rock crab (Cancer antennarius), red crab (Cancer productus), or
yellow crab (Cancer anthonyi), which is less than 4 1/4 inches,
measured in a straight line through the body, from edge of shell to
edge of shell at the widest part, shall not be taken, possessed,
bought, or sold.
   (b) Any person taking rock crab shall carry a measuring device and
shall measure any rock crab immediately upon removal from the trap.
If the person determines that the rock crab is undersize, the person
shall return it to the water immediately.
   (c) Upon the recommendation of the director regarding rock crab
fishery management measures, and following a public hearing on the
matter, the commission may adopt regulations to manage the rock crab
resource consistent with Part 1.7 (commencing with Section 7050).

8283.  (a) If requested on or before November 10 of any year, the
director shall consult with the Dungeness crab industry and shall
specify by public announcement on or before November 20 of that year
when crab traps may be set and baited prior to the opening date of
the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9.
Crab traps may be set and baited in advance of that opening date in
those districts if no other attempt is made to take or possess
Dungeness crab in those districts.
   (b) Except in Fish and Game Districts 6, 7, 8, and 9, crab traps
may be set and baited 18 hours in advance of the opening date of the
Dungeness crab season, if no other attempt is made to take or possess
Dungeness crab.

8284.  (a) Subject to this article and Article 1 (commencing with
Section 9000) of Chapter 4, crab traps, as described in Section 9011,
may be used to take Dungeness crab for commercial purposes. Any fish
may be taken incidentally in crab traps being used to take Dungeness
crab.
   (b) Except as provided in Section 9011 or subdivision (c), any
other species taken incidentally in a crab trap being used to take
rock crab, shall be immediately released back to the water.
   (c) The following species may be taken incidentally in crab traps
being used to take rock crab under a permit issued pursuant to
Section 9001 in Districts 19 and 118.5:
   (1) Kellet's whelk.
   (2) Octopus.
   (3) Crabs other than of the genus Cancer, except as provided in
Section 9011.