CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1128Introduced by Senator McGuire(Coauthors: Senators Dahle, Dodd, and Nielsen)(Coauthor: Assembly Member Gallagher)February 19, 2020 An act to amend Section 8283 of, and to add Sections 7711 and 8285 to, the Fish and Game Code, and to add Article 15 (commencing with Section 111224) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to commercial fishing. LEGISLATIVE COUNSEL'S DIGESTSB 1128, as introduced, McGuire. Commercial fishing: inspection: crab traps: eviscerated Dungeness crab.(1) Existing law prohibits a person from using or operating, or assisting in using or operating, a boat, aircraft, net, trap, line, or other appliance to take fish for commercial purposes unless the person holds a commercial fishing license issued by the Department of Fish and Wildlife. Existing law generally requires any person who engages in any business for profit involving fish to have a commercial fish business license issued by the department, and requires specialty licenses for specified classes of fish business. Existing law authorizes the department to enter and examine any canning, packing, preserving, or reduction plant, or place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or board any fishing boat, barge, lighter, tender, or vehicle or receptacle containing fish, and ascertain the amount of fish received, or kind and amount of fishery products packed or manufactured and the number and size of containers or cans for fishery products purchased, received, used, or on hand and to examine any books and records containing any account of fish caught, bought, canned, packed, stored, or sold.This bill would require a person who holds a commercial fishing license or a commercial fish business license, upon request of an authorized agent or employee of the department, to make available a fish or part of a fish to the department for the purpose of inspection and to relinquish, at no charge, a fish or part of a fish to the department for the purpose of collecting a biological sample. The bill would authorize a civil penalty against a person who violates these requirements, as specified.(2) Existing law authorizes crab traps to be set and baited 64 hours prior to the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. Existing law also authorizes crab traps to 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. Existing law also provides, except in Fish and Game Districts 6, 7, 8, and 9, that 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.This bill would instead authorize crab traps to be set and baited 64 hours before the opening date of the Dungeness crab season regardless of the Fish and Game District. The bill would also make conforming changes.(3) Existing state law, the Sherman Food, Drug, and Cosmetic Law, makes it unlawful to manufacture, sell, deliver, hold, or offer for sale adulterated food. Existing law prescribes when a food is adulterated, including if it bears or contains any poisonous or deleterious substance that may render it injurious to the health of a person or other animal that may consume it. Existing law makes a violation of the Sherman Food, Drug, and Cosmetic Law or a regulation adopted pursuant to that law a misdemeanor.Existing law authorizes the Director of Fish and Wildlife to order the closure of any waters or otherwise restrict the taking in state waters of any species of fish if the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines that the species or subspecies of fish is likely to pose a human health risk from high levels of toxic substances. Existing law provides for the Director of Fish and Wildlife, upon receiving notification from the Director of Environmental Health Hazard Assessment that a human health risk no longer exists and a request to reopen those waters, to reopen those waters in a manner that promotes a fair and orderly fishery. A violation of the Fish and Game Code or a regulation adopted pursuant to the code is a crime.This bill would authorize the State Department of Public Health to adopt regulations to authorize the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters where the department determined that the viscera of Dungeness crab exceeds allowable levels of domoic acid for Dungeness crab adopted by the department if the meat of Dungeness crab does not exceed allowable levels of domoic acid for Dungeness crab adopted by the department. The bill would require the State Department of Public Health to adopt these regulations consistent with specified requirements. Because a violation of these provisions would be a crime, this bill would imposed a state-mandated local program.The bill would require the Department of Fish and Wildlife to adopt regulations that govern the commercial take of Dungeness crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab pursuant to the above-described provisions. The bill would require these regulations to require the holder of a Dungeness crab vessel permit to submit to electronic monitoring of the vessel while engaged in the take of Dungeness crab, as specified, and to restrict the sale of Dungeness crab by the person who takes Dungeness crab to a person who is authorized to purchase and sell eviscerated Dungeness crab by the State Department of Public Health pursuant to the provisions described above. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.(4) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7711 is added to the Fish and Game Code, to read:7711. (a) A person shall, upon request by an authorized agent or employee of the department, immediately do either or both of the following:(1) Make available a fish or part of a fish to the department for the purpose of inspection.(2) Relinquish, at no charge, a fish or part of a fish to the department for the purpose of collecting a biological sample.(b) (1) Notwithstanding Section 12000, a violation of this section is not subject to criminal penalty.(2) Notwithstanding Section 7857 or 8032.5 or any other law, a license described in subdivision (d) or any other license issued to a person to take a fish for commercial purposes shall not be suspended, revoked, or canceled for a violation of this section.(c) A person who violates this section is subject to the following penalties:(1) No penalty for the first violation and the person shall be given a warning.(2) A civil penalty of no less than one hundred dollars ($100) and no more than two hundred fifty dollars ($250) for the second violation.(3) A civil penalty of no less than two hundred fifty dollars ($250) and no more than five hundred dollars ($500) for the third violation.(4) A civil penalty of no less than five hundred dollars ($500) and no more than one thousand dollars ($1,000) for the fourth violation or subsequent violation.(d) For purposes of this section, person means a person licensed pursuant to Section 7850 or a person licensed pursuant to Article 7 (commencing with Section 8030).SEC. 2. Section 8283 of the Fish and Game Code is amended to read:8283. (a)Crab traps may be set and baited 64 hours prior to before the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. season. 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. crab.(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.SEC. 3. Section 8285 is added to the Fish and Game Code, to read:8285. The department shall adopt regulations that govern the commercial take of Dungeness crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, or offering for sale of eviscerated Dungeness crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code in accordance with the following requirements:(a) The department shall require the holder of a Dungeness crab vessel permit to submit to electronic monitoring of the vessel while engaging in the take of Dungeness crab to verify the locations where the Dungeness crab is taken.(b) The department shall restrict the sale of Dungeness crab by the person who takes Dungeness crab to a person approved by the State Department of Public Health to purchase and sell eviscerated crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.SEC. 4. Article 15 (commencing with Section 111224) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 15. Eviscerated Crab111224. (a) The department may adopt regulations to authorize the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters where the department determined that the viscera of Dungeness crab exceeds allowable levels of domoic acid for Dungeness crab adopted by the department if the meat of Dungeness crab does not exceed allowable levels of domoic acid for Dungeness crab adopted by department.(b) The regulations adopted pursuant to this section shall meet the following requirements:(1) The department shall only authorize the sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters that is not closed for the take of Dungeness crab for commercial purposes pursuant to Section 5523 of the Fish and Game Code.(2) The department shall only authorize the manufacture sale, delivery, holding, or offering for sale of eviscerated Dungeness crab by a person licensed pursuant to Article 7 (commencing with Section 8030) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code and who has a Hazard Analysis Critical Control Point plan approved by the department for handling and preparing eviscerated crab.(3) The department shall adopt written recall procedures.(4) The department shall establish requirements for labeling eviscerated crab to identify harvest location, harvest date, or lot code, or any combination of these things.(c) For purposes of this section, eviscerated Dungeness crab means Dungeness crab in which the viscera has been removed in accordance with regulations adopted pursuant to this section.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1128Introduced by Senator McGuire(Coauthors: Senators Dahle, Dodd, and Nielsen)(Coauthor: Assembly Member Gallagher)February 19, 2020 An act to amend Section 8283 of, and to add Sections 7711 and 8285 to, the Fish and Game Code, and to add Article 15 (commencing with Section 111224) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to commercial fishing. LEGISLATIVE COUNSEL'S DIGESTSB 1128, as introduced, McGuire. Commercial fishing: inspection: crab traps: eviscerated Dungeness crab.(1) Existing law prohibits a person from using or operating, or assisting in using or operating, a boat, aircraft, net, trap, line, or other appliance to take fish for commercial purposes unless the person holds a commercial fishing license issued by the Department of Fish and Wildlife. Existing law generally requires any person who engages in any business for profit involving fish to have a commercial fish business license issued by the department, and requires specialty licenses for specified classes of fish business. Existing law authorizes the department to enter and examine any canning, packing, preserving, or reduction plant, or place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or board any fishing boat, barge, lighter, tender, or vehicle or receptacle containing fish, and ascertain the amount of fish received, or kind and amount of fishery products packed or manufactured and the number and size of containers or cans for fishery products purchased, received, used, or on hand and to examine any books and records containing any account of fish caught, bought, canned, packed, stored, or sold.This bill would require a person who holds a commercial fishing license or a commercial fish business license, upon request of an authorized agent or employee of the department, to make available a fish or part of a fish to the department for the purpose of inspection and to relinquish, at no charge, a fish or part of a fish to the department for the purpose of collecting a biological sample. The bill would authorize a civil penalty against a person who violates these requirements, as specified.(2) Existing law authorizes crab traps to be set and baited 64 hours prior to the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. Existing law also authorizes crab traps to 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. Existing law also provides, except in Fish and Game Districts 6, 7, 8, and 9, that 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.This bill would instead authorize crab traps to be set and baited 64 hours before the opening date of the Dungeness crab season regardless of the Fish and Game District. The bill would also make conforming changes.(3) Existing state law, the Sherman Food, Drug, and Cosmetic Law, makes it unlawful to manufacture, sell, deliver, hold, or offer for sale adulterated food. Existing law prescribes when a food is adulterated, including if it bears or contains any poisonous or deleterious substance that may render it injurious to the health of a person or other animal that may consume it. Existing law makes a violation of the Sherman Food, Drug, and Cosmetic Law or a regulation adopted pursuant to that law a misdemeanor.Existing law authorizes the Director of Fish and Wildlife to order the closure of any waters or otherwise restrict the taking in state waters of any species of fish if the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines that the species or subspecies of fish is likely to pose a human health risk from high levels of toxic substances. Existing law provides for the Director of Fish and Wildlife, upon receiving notification from the Director of Environmental Health Hazard Assessment that a human health risk no longer exists and a request to reopen those waters, to reopen those waters in a manner that promotes a fair and orderly fishery. A violation of the Fish and Game Code or a regulation adopted pursuant to the code is a crime.This bill would authorize the State Department of Public Health to adopt regulations to authorize the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters where the department determined that the viscera of Dungeness crab exceeds allowable levels of domoic acid for Dungeness crab adopted by the department if the meat of Dungeness crab does not exceed allowable levels of domoic acid for Dungeness crab adopted by the department. The bill would require the State Department of Public Health to adopt these regulations consistent with specified requirements. Because a violation of these provisions would be a crime, this bill would imposed a state-mandated local program.The bill would require the Department of Fish and Wildlife to adopt regulations that govern the commercial take of Dungeness crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab pursuant to the above-described provisions. The bill would require these regulations to require the holder of a Dungeness crab vessel permit to submit to electronic monitoring of the vessel while engaged in the take of Dungeness crab, as specified, and to restrict the sale of Dungeness crab by the person who takes Dungeness crab to a person who is authorized to purchase and sell eviscerated Dungeness crab by the State Department of Public Health pursuant to the provisions described above. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.(4) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill
No. 1128
Introduced by Senator McGuire(Coauthors: Senators Dahle, Dodd, and Nielsen)(Coauthor: Assembly Member Gallagher)February 19, 2020
Introduced by Senator McGuire(Coauthors: Senators Dahle, Dodd, and Nielsen)(Coauthor: Assembly Member Gallagher)
February 19, 2020
An act to amend Section 8283 of, and to add Sections 7711 and 8285 to, the Fish and Game Code, and to add Article 15 (commencing with Section 111224) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to commercial fishing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1128, as introduced, McGuire. Commercial fishing: inspection: crab traps: eviscerated Dungeness crab.
(1) Existing law prohibits a person from using or operating, or assisting in using or operating, a boat, aircraft, net, trap, line, or other appliance to take fish for commercial purposes unless the person holds a commercial fishing license issued by the Department of Fish and Wildlife. Existing law generally requires any person who engages in any business for profit involving fish to have a commercial fish business license issued by the department, and requires specialty licenses for specified classes of fish business. Existing law authorizes the department to enter and examine any canning, packing, preserving, or reduction plant, or place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or board any fishing boat, barge, lighter, tender, or vehicle or receptacle containing fish, and ascertain the amount of fish received, or kind and amount of fishery products packed or manufactured and the number and size of containers or cans for fishery products purchased, received, used, or on hand and to examine any books and records containing any account of fish caught, bought, canned, packed, stored, or sold.This bill would require a person who holds a commercial fishing license or a commercial fish business license, upon request of an authorized agent or employee of the department, to make available a fish or part of a fish to the department for the purpose of inspection and to relinquish, at no charge, a fish or part of a fish to the department for the purpose of collecting a biological sample. The bill would authorize a civil penalty against a person who violates these requirements, as specified.(2) Existing law authorizes crab traps to be set and baited 64 hours prior to the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. Existing law also authorizes crab traps to 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. Existing law also provides, except in Fish and Game Districts 6, 7, 8, and 9, that 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.This bill would instead authorize crab traps to be set and baited 64 hours before the opening date of the Dungeness crab season regardless of the Fish and Game District. The bill would also make conforming changes.(3) Existing state law, the Sherman Food, Drug, and Cosmetic Law, makes it unlawful to manufacture, sell, deliver, hold, or offer for sale adulterated food. Existing law prescribes when a food is adulterated, including if it bears or contains any poisonous or deleterious substance that may render it injurious to the health of a person or other animal that may consume it. Existing law makes a violation of the Sherman Food, Drug, and Cosmetic Law or a regulation adopted pursuant to that law a misdemeanor.Existing law authorizes the Director of Fish and Wildlife to order the closure of any waters or otherwise restrict the taking in state waters of any species of fish if the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines that the species or subspecies of fish is likely to pose a human health risk from high levels of toxic substances. Existing law provides for the Director of Fish and Wildlife, upon receiving notification from the Director of Environmental Health Hazard Assessment that a human health risk no longer exists and a request to reopen those waters, to reopen those waters in a manner that promotes a fair and orderly fishery. A violation of the Fish and Game Code or a regulation adopted pursuant to the code is a crime.This bill would authorize the State Department of Public Health to adopt regulations to authorize the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters where the department determined that the viscera of Dungeness crab exceeds allowable levels of domoic acid for Dungeness crab adopted by the department if the meat of Dungeness crab does not exceed allowable levels of domoic acid for Dungeness crab adopted by the department. The bill would require the State Department of Public Health to adopt these regulations consistent with specified requirements. Because a violation of these provisions would be a crime, this bill would imposed a state-mandated local program.The bill would require the Department of Fish and Wildlife to adopt regulations that govern the commercial take of Dungeness crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab pursuant to the above-described provisions. The bill would require these regulations to require the holder of a Dungeness crab vessel permit to submit to electronic monitoring of the vessel while engaged in the take of Dungeness crab, as specified, and to restrict the sale of Dungeness crab by the person who takes Dungeness crab to a person who is authorized to purchase and sell eviscerated Dungeness crab by the State Department of Public Health pursuant to the provisions described above. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.(4) 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.
(1) Existing law prohibits a person from using or operating, or assisting in using or operating, a boat, aircraft, net, trap, line, or other appliance to take fish for commercial purposes unless the person holds a commercial fishing license issued by the Department of Fish and Wildlife. Existing law generally requires any person who engages in any business for profit involving fish to have a commercial fish business license issued by the department, and requires specialty licenses for specified classes of fish business. Existing law authorizes the department to enter and examine any canning, packing, preserving, or reduction plant, or place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or board any fishing boat, barge, lighter, tender, or vehicle or receptacle containing fish, and ascertain the amount of fish received, or kind and amount of fishery products packed or manufactured and the number and size of containers or cans for fishery products purchased, received, used, or on hand and to examine any books and records containing any account of fish caught, bought, canned, packed, stored, or sold.
This bill would require a person who holds a commercial fishing license or a commercial fish business license, upon request of an authorized agent or employee of the department, to make available a fish or part of a fish to the department for the purpose of inspection and to relinquish, at no charge, a fish or part of a fish to the department for the purpose of collecting a biological sample. The bill would authorize a civil penalty against a person who violates these requirements, as specified.
(2) Existing law authorizes crab traps to be set and baited 64 hours prior to the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. Existing law also authorizes crab traps to 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. Existing law also provides, except in Fish and Game Districts 6, 7, 8, and 9, that 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.
This bill would instead authorize crab traps to be set and baited 64 hours before the opening date of the Dungeness crab season regardless of the Fish and Game District. The bill would also make conforming changes.
(3) Existing state law, the Sherman Food, Drug, and Cosmetic Law, makes it unlawful to manufacture, sell, deliver, hold, or offer for sale adulterated food. Existing law prescribes when a food is adulterated, including if it bears or contains any poisonous or deleterious substance that may render it injurious to the health of a person or other animal that may consume it. Existing law makes a violation of the Sherman Food, Drug, and Cosmetic Law or a regulation adopted pursuant to that law a misdemeanor.
Existing law authorizes the Director of Fish and Wildlife to order the closure of any waters or otherwise restrict the taking in state waters of any species of fish if the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines that the species or subspecies of fish is likely to pose a human health risk from high levels of toxic substances. Existing law provides for the Director of Fish and Wildlife, upon receiving notification from the Director of Environmental Health Hazard Assessment that a human health risk no longer exists and a request to reopen those waters, to reopen those waters in a manner that promotes a fair and orderly fishery. A violation of the Fish and Game Code or a regulation adopted pursuant to the code is a crime.
This bill would authorize the State Department of Public Health to adopt regulations to authorize the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters where the department determined that the viscera of Dungeness crab exceeds allowable levels of domoic acid for Dungeness crab adopted by the department if the meat of Dungeness crab does not exceed allowable levels of domoic acid for Dungeness crab adopted by the department. The bill would require the State Department of Public Health to adopt these regulations consistent with specified requirements. Because a violation of these provisions would be a crime, this bill would imposed a state-mandated local program.
The bill would require the Department of Fish and Wildlife to adopt regulations that govern the commercial take of Dungeness crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab pursuant to the above-described provisions. The bill would require these regulations to require the holder of a Dungeness crab vessel permit to submit to electronic monitoring of the vessel while engaged in the take of Dungeness crab, as specified, and to restrict the sale of Dungeness crab by the person who takes Dungeness crab to a person who is authorized to purchase and sell eviscerated Dungeness crab by the State Department of Public Health pursuant to the provisions described above. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.
(4) 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 7711 is added to the Fish and Game Code, to read:7711. (a) A person shall, upon request by an authorized agent or employee of the department, immediately do either or both of the following:(1) Make available a fish or part of a fish to the department for the purpose of inspection.(2) Relinquish, at no charge, a fish or part of a fish to the department for the purpose of collecting a biological sample.(b) (1) Notwithstanding Section 12000, a violation of this section is not subject to criminal penalty.(2) Notwithstanding Section 7857 or 8032.5 or any other law, a license described in subdivision (d) or any other license issued to a person to take a fish for commercial purposes shall not be suspended, revoked, or canceled for a violation of this section.(c) A person who violates this section is subject to the following penalties:(1) No penalty for the first violation and the person shall be given a warning.(2) A civil penalty of no less than one hundred dollars ($100) and no more than two hundred fifty dollars ($250) for the second violation.(3) A civil penalty of no less than two hundred fifty dollars ($250) and no more than five hundred dollars ($500) for the third violation.(4) A civil penalty of no less than five hundred dollars ($500) and no more than one thousand dollars ($1,000) for the fourth violation or subsequent violation.(d) For purposes of this section, person means a person licensed pursuant to Section 7850 or a person licensed pursuant to Article 7 (commencing with Section 8030).SEC. 2. Section 8283 of the Fish and Game Code is amended to read:8283. (a)Crab traps may be set and baited 64 hours prior to before the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. season. 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. crab.(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.SEC. 3. Section 8285 is added to the Fish and Game Code, to read:8285. The department shall adopt regulations that govern the commercial take of Dungeness crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, or offering for sale of eviscerated Dungeness crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code in accordance with the following requirements:(a) The department shall require the holder of a Dungeness crab vessel permit to submit to electronic monitoring of the vessel while engaging in the take of Dungeness crab to verify the locations where the Dungeness crab is taken.(b) The department shall restrict the sale of Dungeness crab by the person who takes Dungeness crab to a person approved by the State Department of Public Health to purchase and sell eviscerated crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.SEC. 4. Article 15 (commencing with Section 111224) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 15. Eviscerated Crab111224. (a) The department may adopt regulations to authorize the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters where the department determined that the viscera of Dungeness crab exceeds allowable levels of domoic acid for Dungeness crab adopted by the department if the meat of Dungeness crab does not exceed allowable levels of domoic acid for Dungeness crab adopted by department.(b) The regulations adopted pursuant to this section shall meet the following requirements:(1) The department shall only authorize the sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters that is not closed for the take of Dungeness crab for commercial purposes pursuant to Section 5523 of the Fish and Game Code.(2) The department shall only authorize the manufacture sale, delivery, holding, or offering for sale of eviscerated Dungeness crab by a person licensed pursuant to Article 7 (commencing with Section 8030) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code and who has a Hazard Analysis Critical Control Point plan approved by the department for handling and preparing eviscerated crab.(3) The department shall adopt written recall procedures.(4) The department shall establish requirements for labeling eviscerated crab to identify harvest location, harvest date, or lot code, or any combination of these things.(c) For purposes of this section, eviscerated Dungeness crab means Dungeness crab in which the viscera has been removed in accordance with regulations adopted pursuant to this section.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 7711 is added to the Fish and Game Code, to read:7711. (a) A person shall, upon request by an authorized agent or employee of the department, immediately do either or both of the following:(1) Make available a fish or part of a fish to the department for the purpose of inspection.(2) Relinquish, at no charge, a fish or part of a fish to the department for the purpose of collecting a biological sample.(b) (1) Notwithstanding Section 12000, a violation of this section is not subject to criminal penalty.(2) Notwithstanding Section 7857 or 8032.5 or any other law, a license described in subdivision (d) or any other license issued to a person to take a fish for commercial purposes shall not be suspended, revoked, or canceled for a violation of this section.(c) A person who violates this section is subject to the following penalties:(1) No penalty for the first violation and the person shall be given a warning.(2) A civil penalty of no less than one hundred dollars ($100) and no more than two hundred fifty dollars ($250) for the second violation.(3) A civil penalty of no less than two hundred fifty dollars ($250) and no more than five hundred dollars ($500) for the third violation.(4) A civil penalty of no less than five hundred dollars ($500) and no more than one thousand dollars ($1,000) for the fourth violation or subsequent violation.(d) For purposes of this section, person means a person licensed pursuant to Section 7850 or a person licensed pursuant to Article 7 (commencing with Section 8030).
SECTION 1. Section 7711 is added to the Fish and Game Code, to read:
### SECTION 1.
7711. (a) A person shall, upon request by an authorized agent or employee of the department, immediately do either or both of the following:(1) Make available a fish or part of a fish to the department for the purpose of inspection.(2) Relinquish, at no charge, a fish or part of a fish to the department for the purpose of collecting a biological sample.(b) (1) Notwithstanding Section 12000, a violation of this section is not subject to criminal penalty.(2) Notwithstanding Section 7857 or 8032.5 or any other law, a license described in subdivision (d) or any other license issued to a person to take a fish for commercial purposes shall not be suspended, revoked, or canceled for a violation of this section.(c) A person who violates this section is subject to the following penalties:(1) No penalty for the first violation and the person shall be given a warning.(2) A civil penalty of no less than one hundred dollars ($100) and no more than two hundred fifty dollars ($250) for the second violation.(3) A civil penalty of no less than two hundred fifty dollars ($250) and no more than five hundred dollars ($500) for the third violation.(4) A civil penalty of no less than five hundred dollars ($500) and no more than one thousand dollars ($1,000) for the fourth violation or subsequent violation.(d) For purposes of this section, person means a person licensed pursuant to Section 7850 or a person licensed pursuant to Article 7 (commencing with Section 8030).
7711. (a) A person shall, upon request by an authorized agent or employee of the department, immediately do either or both of the following:(1) Make available a fish or part of a fish to the department for the purpose of inspection.(2) Relinquish, at no charge, a fish or part of a fish to the department for the purpose of collecting a biological sample.(b) (1) Notwithstanding Section 12000, a violation of this section is not subject to criminal penalty.(2) Notwithstanding Section 7857 or 8032.5 or any other law, a license described in subdivision (d) or any other license issued to a person to take a fish for commercial purposes shall not be suspended, revoked, or canceled for a violation of this section.(c) A person who violates this section is subject to the following penalties:(1) No penalty for the first violation and the person shall be given a warning.(2) A civil penalty of no less than one hundred dollars ($100) and no more than two hundred fifty dollars ($250) for the second violation.(3) A civil penalty of no less than two hundred fifty dollars ($250) and no more than five hundred dollars ($500) for the third violation.(4) A civil penalty of no less than five hundred dollars ($500) and no more than one thousand dollars ($1,000) for the fourth violation or subsequent violation.(d) For purposes of this section, person means a person licensed pursuant to Section 7850 or a person licensed pursuant to Article 7 (commencing with Section 8030).
7711. (a) A person shall, upon request by an authorized agent or employee of the department, immediately do either or both of the following:(1) Make available a fish or part of a fish to the department for the purpose of inspection.(2) Relinquish, at no charge, a fish or part of a fish to the department for the purpose of collecting a biological sample.(b) (1) Notwithstanding Section 12000, a violation of this section is not subject to criminal penalty.(2) Notwithstanding Section 7857 or 8032.5 or any other law, a license described in subdivision (d) or any other license issued to a person to take a fish for commercial purposes shall not be suspended, revoked, or canceled for a violation of this section.(c) A person who violates this section is subject to the following penalties:(1) No penalty for the first violation and the person shall be given a warning.(2) A civil penalty of no less than one hundred dollars ($100) and no more than two hundred fifty dollars ($250) for the second violation.(3) A civil penalty of no less than two hundred fifty dollars ($250) and no more than five hundred dollars ($500) for the third violation.(4) A civil penalty of no less than five hundred dollars ($500) and no more than one thousand dollars ($1,000) for the fourth violation or subsequent violation.(d) For purposes of this section, person means a person licensed pursuant to Section 7850 or a person licensed pursuant to Article 7 (commencing with Section 8030).
7711. (a) A person shall, upon request by an authorized agent or employee of the department, immediately do either or both of the following:
(1) Make available a fish or part of a fish to the department for the purpose of inspection.
(2) Relinquish, at no charge, a fish or part of a fish to the department for the purpose of collecting a biological sample.
(b) (1) Notwithstanding Section 12000, a violation of this section is not subject to criminal penalty.
(2) Notwithstanding Section 7857 or 8032.5 or any other law, a license described in subdivision (d) or any other license issued to a person to take a fish for commercial purposes shall not be suspended, revoked, or canceled for a violation of this section.
(c) A person who violates this section is subject to the following penalties:
(1) No penalty for the first violation and the person shall be given a warning.
(2) A civil penalty of no less than one hundred dollars ($100) and no more than two hundred fifty dollars ($250) for the second violation.
(3) A civil penalty of no less than two hundred fifty dollars ($250) and no more than five hundred dollars ($500) for the third violation.
(4) A civil penalty of no less than five hundred dollars ($500) and no more than one thousand dollars ($1,000) for the fourth violation or subsequent violation.
(d) For purposes of this section, person means a person licensed pursuant to Section 7850 or a person licensed pursuant to Article 7 (commencing with Section 8030).
SEC. 2. Section 8283 of the Fish and Game Code is amended to read:8283. (a)Crab traps may be set and baited 64 hours prior to before the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. season. 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. crab.(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.
SEC. 2. Section 8283 of the Fish and Game Code is amended to read:
### SEC. 2.
8283. (a)Crab traps may be set and baited 64 hours prior to before the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. season. 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. crab.(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.
8283. (a)Crab traps may be set and baited 64 hours prior to before the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. season. 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. crab.(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.
8283. (a)Crab traps may be set and baited 64 hours prior to before the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. season. 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. crab.(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.
8283. (a)Crab traps may be set and baited 64 hours prior to before the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. season. 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. crab.
(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.
SEC. 3. Section 8285 is added to the Fish and Game Code, to read:8285. The department shall adopt regulations that govern the commercial take of Dungeness crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, or offering for sale of eviscerated Dungeness crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code in accordance with the following requirements:(a) The department shall require the holder of a Dungeness crab vessel permit to submit to electronic monitoring of the vessel while engaging in the take of Dungeness crab to verify the locations where the Dungeness crab is taken.(b) The department shall restrict the sale of Dungeness crab by the person who takes Dungeness crab to a person approved by the State Department of Public Health to purchase and sell eviscerated crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
SEC. 3. Section 8285 is added to the Fish and Game Code, to read:
### SEC. 3.
8285. The department shall adopt regulations that govern the commercial take of Dungeness crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, or offering for sale of eviscerated Dungeness crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code in accordance with the following requirements:(a) The department shall require the holder of a Dungeness crab vessel permit to submit to electronic monitoring of the vessel while engaging in the take of Dungeness crab to verify the locations where the Dungeness crab is taken.(b) The department shall restrict the sale of Dungeness crab by the person who takes Dungeness crab to a person approved by the State Department of Public Health to purchase and sell eviscerated crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
8285. The department shall adopt regulations that govern the commercial take of Dungeness crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, or offering for sale of eviscerated Dungeness crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code in accordance with the following requirements:(a) The department shall require the holder of a Dungeness crab vessel permit to submit to electronic monitoring of the vessel while engaging in the take of Dungeness crab to verify the locations where the Dungeness crab is taken.(b) The department shall restrict the sale of Dungeness crab by the person who takes Dungeness crab to a person approved by the State Department of Public Health to purchase and sell eviscerated crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
8285. The department shall adopt regulations that govern the commercial take of Dungeness crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, or offering for sale of eviscerated Dungeness crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code in accordance with the following requirements:(a) The department shall require the holder of a Dungeness crab vessel permit to submit to electronic monitoring of the vessel while engaging in the take of Dungeness crab to verify the locations where the Dungeness crab is taken.(b) The department shall restrict the sale of Dungeness crab by the person who takes Dungeness crab to a person approved by the State Department of Public Health to purchase and sell eviscerated crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
8285. The department shall adopt regulations that govern the commercial take of Dungeness crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, or offering for sale of eviscerated Dungeness crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code in accordance with the following requirements:
(a) The department shall require the holder of a Dungeness crab vessel permit to submit to electronic monitoring of the vessel while engaging in the take of Dungeness crab to verify the locations where the Dungeness crab is taken.
(b) The department shall restrict the sale of Dungeness crab by the person who takes Dungeness crab to a person approved by the State Department of Public Health to purchase and sell eviscerated crab pursuant to Article 15 (commencing with Section 111224) of Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
SEC. 4. Article 15 (commencing with Section 111224) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 15. Eviscerated Crab111224. (a) The department may adopt regulations to authorize the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters where the department determined that the viscera of Dungeness crab exceeds allowable levels of domoic acid for Dungeness crab adopted by the department if the meat of Dungeness crab does not exceed allowable levels of domoic acid for Dungeness crab adopted by department.(b) The regulations adopted pursuant to this section shall meet the following requirements:(1) The department shall only authorize the sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters that is not closed for the take of Dungeness crab for commercial purposes pursuant to Section 5523 of the Fish and Game Code.(2) The department shall only authorize the manufacture sale, delivery, holding, or offering for sale of eviscerated Dungeness crab by a person licensed pursuant to Article 7 (commencing with Section 8030) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code and who has a Hazard Analysis Critical Control Point plan approved by the department for handling and preparing eviscerated crab.(3) The department shall adopt written recall procedures.(4) The department shall establish requirements for labeling eviscerated crab to identify harvest location, harvest date, or lot code, or any combination of these things.(c) For purposes of this section, eviscerated Dungeness crab means Dungeness crab in which the viscera has been removed in accordance with regulations adopted pursuant to this section.
SEC. 4. Article 15 (commencing with Section 111224) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read:
### SEC. 4.
Article 15. Eviscerated Crab111224. (a) The department may adopt regulations to authorize the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters where the department determined that the viscera of Dungeness crab exceeds allowable levels of domoic acid for Dungeness crab adopted by the department if the meat of Dungeness crab does not exceed allowable levels of domoic acid for Dungeness crab adopted by department.(b) The regulations adopted pursuant to this section shall meet the following requirements:(1) The department shall only authorize the sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters that is not closed for the take of Dungeness crab for commercial purposes pursuant to Section 5523 of the Fish and Game Code.(2) The department shall only authorize the manufacture sale, delivery, holding, or offering for sale of eviscerated Dungeness crab by a person licensed pursuant to Article 7 (commencing with Section 8030) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code and who has a Hazard Analysis Critical Control Point plan approved by the department for handling and preparing eviscerated crab.(3) The department shall adopt written recall procedures.(4) The department shall establish requirements for labeling eviscerated crab to identify harvest location, harvest date, or lot code, or any combination of these things.(c) For purposes of this section, eviscerated Dungeness crab means Dungeness crab in which the viscera has been removed in accordance with regulations adopted pursuant to this section.
Article 15. Eviscerated Crab111224. (a) The department may adopt regulations to authorize the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters where the department determined that the viscera of Dungeness crab exceeds allowable levels of domoic acid for Dungeness crab adopted by the department if the meat of Dungeness crab does not exceed allowable levels of domoic acid for Dungeness crab adopted by department.(b) The regulations adopted pursuant to this section shall meet the following requirements:(1) The department shall only authorize the sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters that is not closed for the take of Dungeness crab for commercial purposes pursuant to Section 5523 of the Fish and Game Code.(2) The department shall only authorize the manufacture sale, delivery, holding, or offering for sale of eviscerated Dungeness crab by a person licensed pursuant to Article 7 (commencing with Section 8030) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code and who has a Hazard Analysis Critical Control Point plan approved by the department for handling and preparing eviscerated crab.(3) The department shall adopt written recall procedures.(4) The department shall establish requirements for labeling eviscerated crab to identify harvest location, harvest date, or lot code, or any combination of these things.(c) For purposes of this section, eviscerated Dungeness crab means Dungeness crab in which the viscera has been removed in accordance with regulations adopted pursuant to this section.
Article 15. Eviscerated Crab
Article 15. Eviscerated Crab
111224. (a) The department may adopt regulations to authorize the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters where the department determined that the viscera of Dungeness crab exceeds allowable levels of domoic acid for Dungeness crab adopted by the department if the meat of Dungeness crab does not exceed allowable levels of domoic acid for Dungeness crab adopted by department.(b) The regulations adopted pursuant to this section shall meet the following requirements:(1) The department shall only authorize the sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters that is not closed for the take of Dungeness crab for commercial purposes pursuant to Section 5523 of the Fish and Game Code.(2) The department shall only authorize the manufacture sale, delivery, holding, or offering for sale of eviscerated Dungeness crab by a person licensed pursuant to Article 7 (commencing with Section 8030) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code and who has a Hazard Analysis Critical Control Point plan approved by the department for handling and preparing eviscerated crab.(3) The department shall adopt written recall procedures.(4) The department shall establish requirements for labeling eviscerated crab to identify harvest location, harvest date, or lot code, or any combination of these things.(c) For purposes of this section, eviscerated Dungeness crab means Dungeness crab in which the viscera has been removed in accordance with regulations adopted pursuant to this section.
111224. (a) The department may adopt regulations to authorize the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters where the department determined that the viscera of Dungeness crab exceeds allowable levels of domoic acid for Dungeness crab adopted by the department if the meat of Dungeness crab does not exceed allowable levels of domoic acid for Dungeness crab adopted by department.
(b) The regulations adopted pursuant to this section shall meet the following requirements:
(1) The department shall only authorize the sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters that is not closed for the take of Dungeness crab for commercial purposes pursuant to Section 5523 of the Fish and Game Code.
(2) The department shall only authorize the manufacture sale, delivery, holding, or offering for sale of eviscerated Dungeness crab by a person licensed pursuant to Article 7 (commencing with Section 8030) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code and who has a Hazard Analysis Critical Control Point plan approved by the department for handling and preparing eviscerated crab.
(3) The department shall adopt written recall procedures.
(4) The department shall establish requirements for labeling eviscerated crab to identify harvest location, harvest date, or lot code, or any combination of these things.
(c) For purposes of this section, eviscerated Dungeness crab means Dungeness crab in which the viscera has been removed in accordance with regulations adopted pursuant to this section.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 5.