Amended IN Assembly March 17, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1056Introduced by Assembly Member BennettFebruary 20, 2025An act to amend Section 8685.5 of 8681.5 of, and to repeal Section 8681.7 of, the Fish and Game Code, relating to commercial fishing. LEGISLATIVE COUNSEL'S DIGESTAB 1056, as amended, Bennett. Gill nets. nets: permits.Existing law prohibits gill nets and trammel nets from being used for commercial purposes, except under a revocable, nontransferable permit issued by the Department of Fish and Wildlife. Existing law requires the Fish and Game Commission to adopt regulations for the issuance of gill net and trammel net permits as necessary to establish an orderly gill net and trammel net fishery. Existing law prohibits gill nets from being used to take salmon, steelhead, or striped bass. the department from issuing any new gill net or trammel net permits and authorizes the department to renew an existing gill net or trammel net permit. Existing law authorizes the transfer of a gill net or trammel net permit to another person under limited circumstances.This bill would make a nonsubstantive change to the latter prohibition. prohibit the department from renewing a permit unless at least 1,000 pounds of halibut or 1,000 pounds of white seabass were landed under the permit between January 1, 2020, and December 31, 2024, inclusive. The bill would narrow the circumstances under which a permit could be transferred and would authorize the commission to adopt regulations to eliminate the other remaining authority to transfer a permit.Existing law authorizes a person who possessed a gill or trammel net permit and who was denied renewal of that permit to appeal to the commission, where evidence can be presented that illness or the loss of a vessel resulted in the person not meeting the qualifications for renewal or reissuance of that permit.This bill would repeal this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that the repeal of Section 8681.7 of the Fish and Game Code pursuant to Section 3 of this act is more restrictive on the use and possession of gill nets and trammel nets than the version of Section 8681.7 of the Fish and Game Code in effect on January 1, 1989, and therefore complies with Section 8610.4 of the Fish and Game Code, and Section 4 of Article XB of the California Constitution.SEC. 2. Section 8681.5 of the Fish and Game Code is amended to read:8681.5. (a) The Except as provided in subdivision (b), the department shall issue no new not issue or renew a gill net or trammel net permits permit under Section 8681. However, the(b) The department may renew an existing, valid permit issued under Section 8681, under regulations adopted pursuant to Section 8682 by the commission and upon payment of the fee prescribed under Section 8683.(c) Notwithstanding subdivision (b), the department shall not renew an existing, valid permit issued pursuant to this article unless at least 1,000 pounds of California halibut or 1,000 pounds of white seabass were landed under the permit between January 1, 2020, and December 31, 2024, inclusive.(b)(d) (1) Notwithstanding subdvision subdivisions (a) and (b) or Section 8681, any person who has an existing, valid permit issued pursuant to Section 8681, and presents to the department satisfactory evidence that he or she the person has taken and landed fish for commercial purposes in at least 15 of the preceding 20 years, may transfer that permit to any person otherwise qualified under the regulations adopted pursuant to Section 8682 upon payment of the fee prescribed under Section 8683.(c)The fee collected by the department for the transfer of a gill and trammel net permit issued pursuant to Section 8682 shall not exceed the cost of the permit fee as prescribed under Section 8683.(d)For purposes of subdivision (b), the death of the holder of the permit is a disability which authorizes transfer of the permit by that persons estate to a qualified fisherman pursuant to Section 8682. For purposes of a transfer under this subdivision, the estate shall renew the permit, as specified in Section 8681, if the permittee did not renew the permit before his or her death. The application for transfer by that persons estate shall be received by the department, including the name, address, and telephone number of the qualified fisherman to whom the permit will be transferred, within one year of the date of death of the permitholder. If no transfer is initiated within one year of the date of death of the permitholder, the permit shall revert to the department for disposition pursuant to Section 8681.(e)Any active participant who becomes disabled in such a manner that he or she can no longer earn a livelihood from commercial fishing may transfer his or her permit as provided under this section.(2) The commission may adopt regulations to eliminate the authority to transfer a permit pursuant to paragraph (1).(f)(e) The Legislature finds and declares that this section, as amended by Chapter 94 of the Statutes of 1992, section is more restrictive on the use and possession of gill nets and trammel nets than the version of this section in effect on January 1, 1989, and therefore complies with Section 8610.4, and Section 4 of Article XB of the California Constitution.SEC. 3. Section 8681.7 of the Fish and Game Code is repealed.8681.7.(a)Notwithstanding Section 8681.5, any person who possessed a valid permit issued pursuant to Section 8681 and who was denied renewal of that permit, may appeal to the commission where evidence can be presented that illness or the loss of a vessel resulted in the person not meeting the qualifications for renewal or reissuance of that permit.(b)The appeal shall be filed with the commission within 60 days of a denial of the renewal of a permit.(c)If the commission determines that a permit is to be issued to a prior permittee under this section, a permit shall be made available to that person upon payment of required fees.(d)In accordance with Section 4 of Article X B of the California Constitution, this section contains the provisions in effect on January 1, 1989.SECTION 1.Section 8685.5 of the Fish and Game Code is amended to read:8685.5.Notwithstanding any other law, gill nets may not be used to take salmon, steelhead, or striped bass.
Amended IN Assembly March 17, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1056Introduced by Assembly Member BennettFebruary 20, 2025An act to amend Section 8685.5 of 8681.5 of, and to repeal Section 8681.7 of, the Fish and Game Code, relating to commercial fishing. LEGISLATIVE COUNSEL'S DIGESTAB 1056, as amended, Bennett. Gill nets. nets: permits.Existing law prohibits gill nets and trammel nets from being used for commercial purposes, except under a revocable, nontransferable permit issued by the Department of Fish and Wildlife. Existing law requires the Fish and Game Commission to adopt regulations for the issuance of gill net and trammel net permits as necessary to establish an orderly gill net and trammel net fishery. Existing law prohibits gill nets from being used to take salmon, steelhead, or striped bass. the department from issuing any new gill net or trammel net permits and authorizes the department to renew an existing gill net or trammel net permit. Existing law authorizes the transfer of a gill net or trammel net permit to another person under limited circumstances.This bill would make a nonsubstantive change to the latter prohibition. prohibit the department from renewing a permit unless at least 1,000 pounds of halibut or 1,000 pounds of white seabass were landed under the permit between January 1, 2020, and December 31, 2024, inclusive. The bill would narrow the circumstances under which a permit could be transferred and would authorize the commission to adopt regulations to eliminate the other remaining authority to transfer a permit.Existing law authorizes a person who possessed a gill or trammel net permit and who was denied renewal of that permit to appeal to the commission, where evidence can be presented that illness or the loss of a vessel resulted in the person not meeting the qualifications for renewal or reissuance of that permit.This bill would repeal this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 17, 2025
Amended IN Assembly March 17, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1056
Introduced by Assembly Member BennettFebruary 20, 2025
Introduced by Assembly Member Bennett
February 20, 2025
An act to amend Section 8685.5 of 8681.5 of, and to repeal Section 8681.7 of, the Fish and Game Code, relating to commercial fishing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1056, as amended, Bennett. Gill nets. nets: permits.
Existing law prohibits gill nets and trammel nets from being used for commercial purposes, except under a revocable, nontransferable permit issued by the Department of Fish and Wildlife. Existing law requires the Fish and Game Commission to adopt regulations for the issuance of gill net and trammel net permits as necessary to establish an orderly gill net and trammel net fishery. Existing law prohibits gill nets from being used to take salmon, steelhead, or striped bass. the department from issuing any new gill net or trammel net permits and authorizes the department to renew an existing gill net or trammel net permit. Existing law authorizes the transfer of a gill net or trammel net permit to another person under limited circumstances.This bill would make a nonsubstantive change to the latter prohibition. prohibit the department from renewing a permit unless at least 1,000 pounds of halibut or 1,000 pounds of white seabass were landed under the permit between January 1, 2020, and December 31, 2024, inclusive. The bill would narrow the circumstances under which a permit could be transferred and would authorize the commission to adopt regulations to eliminate the other remaining authority to transfer a permit.Existing law authorizes a person who possessed a gill or trammel net permit and who was denied renewal of that permit to appeal to the commission, where evidence can be presented that illness or the loss of a vessel resulted in the person not meeting the qualifications for renewal or reissuance of that permit.This bill would repeal this provision.
Existing law prohibits gill nets and trammel nets from being used for commercial purposes, except under a revocable, nontransferable permit issued by the Department of Fish and Wildlife. Existing law requires the Fish and Game Commission to adopt regulations for the issuance of gill net and trammel net permits as necessary to establish an orderly gill net and trammel net fishery. Existing law prohibits gill nets from being used to take salmon, steelhead, or striped bass. the department from issuing any new gill net or trammel net permits and authorizes the department to renew an existing gill net or trammel net permit. Existing law authorizes the transfer of a gill net or trammel net permit to another person under limited circumstances.
This bill would make a nonsubstantive change to the latter prohibition. prohibit the department from renewing a permit unless at least 1,000 pounds of halibut or 1,000 pounds of white seabass were landed under the permit between January 1, 2020, and December 31, 2024, inclusive. The bill would narrow the circumstances under which a permit could be transferred and would authorize the commission to adopt regulations to eliminate the other remaining authority to transfer a permit.
Existing law authorizes a person who possessed a gill or trammel net permit and who was denied renewal of that permit to appeal to the commission, where evidence can be presented that illness or the loss of a vessel resulted in the person not meeting the qualifications for renewal or reissuance of that permit.
This bill would repeal this provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares that the repeal of Section 8681.7 of the Fish and Game Code pursuant to Section 3 of this act is more restrictive on the use and possession of gill nets and trammel nets than the version of Section 8681.7 of the Fish and Game Code in effect on January 1, 1989, and therefore complies with Section 8610.4 of the Fish and Game Code, and Section 4 of Article XB of the California Constitution.SEC. 2. Section 8681.5 of the Fish and Game Code is amended to read:8681.5. (a) The Except as provided in subdivision (b), the department shall issue no new not issue or renew a gill net or trammel net permits permit under Section 8681. However, the(b) The department may renew an existing, valid permit issued under Section 8681, under regulations adopted pursuant to Section 8682 by the commission and upon payment of the fee prescribed under Section 8683.(c) Notwithstanding subdivision (b), the department shall not renew an existing, valid permit issued pursuant to this article unless at least 1,000 pounds of California halibut or 1,000 pounds of white seabass were landed under the permit between January 1, 2020, and December 31, 2024, inclusive.(b)(d) (1) Notwithstanding subdvision subdivisions (a) and (b) or Section 8681, any person who has an existing, valid permit issued pursuant to Section 8681, and presents to the department satisfactory evidence that he or she the person has taken and landed fish for commercial purposes in at least 15 of the preceding 20 years, may transfer that permit to any person otherwise qualified under the regulations adopted pursuant to Section 8682 upon payment of the fee prescribed under Section 8683.(c)The fee collected by the department for the transfer of a gill and trammel net permit issued pursuant to Section 8682 shall not exceed the cost of the permit fee as prescribed under Section 8683.(d)For purposes of subdivision (b), the death of the holder of the permit is a disability which authorizes transfer of the permit by that persons estate to a qualified fisherman pursuant to Section 8682. For purposes of a transfer under this subdivision, the estate shall renew the permit, as specified in Section 8681, if the permittee did not renew the permit before his or her death. The application for transfer by that persons estate shall be received by the department, including the name, address, and telephone number of the qualified fisherman to whom the permit will be transferred, within one year of the date of death of the permitholder. If no transfer is initiated within one year of the date of death of the permitholder, the permit shall revert to the department for disposition pursuant to Section 8681.(e)Any active participant who becomes disabled in such a manner that he or she can no longer earn a livelihood from commercial fishing may transfer his or her permit as provided under this section.(2) The commission may adopt regulations to eliminate the authority to transfer a permit pursuant to paragraph (1).(f)(e) The Legislature finds and declares that this section, as amended by Chapter 94 of the Statutes of 1992, section is more restrictive on the use and possession of gill nets and trammel nets than the version of this section in effect on January 1, 1989, and therefore complies with Section 8610.4, and Section 4 of Article XB of the California Constitution.SEC. 3. Section 8681.7 of the Fish and Game Code is repealed.8681.7.(a)Notwithstanding Section 8681.5, any person who possessed a valid permit issued pursuant to Section 8681 and who was denied renewal of that permit, may appeal to the commission where evidence can be presented that illness or the loss of a vessel resulted in the person not meeting the qualifications for renewal or reissuance of that permit.(b)The appeal shall be filed with the commission within 60 days of a denial of the renewal of a permit.(c)If the commission determines that a permit is to be issued to a prior permittee under this section, a permit shall be made available to that person upon payment of required fees.(d)In accordance with Section 4 of Article X B of the California Constitution, this section contains the provisions in effect on January 1, 1989.SECTION 1.Section 8685.5 of the Fish and Game Code is amended to read:8685.5.Notwithstanding any other law, gill nets may not be used to take salmon, steelhead, or striped bass.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares that the repeal of Section 8681.7 of the Fish and Game Code pursuant to Section 3 of this act is more restrictive on the use and possession of gill nets and trammel nets than the version of Section 8681.7 of the Fish and Game Code in effect on January 1, 1989, and therefore complies with Section 8610.4 of the Fish and Game Code, and Section 4 of Article XB of the California Constitution.
SECTION 1. The Legislature finds and declares that the repeal of Section 8681.7 of the Fish and Game Code pursuant to Section 3 of this act is more restrictive on the use and possession of gill nets and trammel nets than the version of Section 8681.7 of the Fish and Game Code in effect on January 1, 1989, and therefore complies with Section 8610.4 of the Fish and Game Code, and Section 4 of Article XB of the California Constitution.
SECTION 1. The Legislature finds and declares that the repeal of Section 8681.7 of the Fish and Game Code pursuant to Section 3 of this act is more restrictive on the use and possession of gill nets and trammel nets than the version of Section 8681.7 of the Fish and Game Code in effect on January 1, 1989, and therefore complies with Section 8610.4 of the Fish and Game Code, and Section 4 of Article XB of the California Constitution.
### SECTION 1.
SEC. 2. Section 8681.5 of the Fish and Game Code is amended to read:8681.5. (a) The Except as provided in subdivision (b), the department shall issue no new not issue or renew a gill net or trammel net permits permit under Section 8681. However, the(b) The department may renew an existing, valid permit issued under Section 8681, under regulations adopted pursuant to Section 8682 by the commission and upon payment of the fee prescribed under Section 8683.(c) Notwithstanding subdivision (b), the department shall not renew an existing, valid permit issued pursuant to this article unless at least 1,000 pounds of California halibut or 1,000 pounds of white seabass were landed under the permit between January 1, 2020, and December 31, 2024, inclusive.(b)(d) (1) Notwithstanding subdvision subdivisions (a) and (b) or Section 8681, any person who has an existing, valid permit issued pursuant to Section 8681, and presents to the department satisfactory evidence that he or she the person has taken and landed fish for commercial purposes in at least 15 of the preceding 20 years, may transfer that permit to any person otherwise qualified under the regulations adopted pursuant to Section 8682 upon payment of the fee prescribed under Section 8683.(c)The fee collected by the department for the transfer of a gill and trammel net permit issued pursuant to Section 8682 shall not exceed the cost of the permit fee as prescribed under Section 8683.(d)For purposes of subdivision (b), the death of the holder of the permit is a disability which authorizes transfer of the permit by that persons estate to a qualified fisherman pursuant to Section 8682. For purposes of a transfer under this subdivision, the estate shall renew the permit, as specified in Section 8681, if the permittee did not renew the permit before his or her death. The application for transfer by that persons estate shall be received by the department, including the name, address, and telephone number of the qualified fisherman to whom the permit will be transferred, within one year of the date of death of the permitholder. If no transfer is initiated within one year of the date of death of the permitholder, the permit shall revert to the department for disposition pursuant to Section 8681.(e)Any active participant who becomes disabled in such a manner that he or she can no longer earn a livelihood from commercial fishing may transfer his or her permit as provided under this section.(2) The commission may adopt regulations to eliminate the authority to transfer a permit pursuant to paragraph (1).(f)(e) The Legislature finds and declares that this section, as amended by Chapter 94 of the Statutes of 1992, section is more restrictive on the use and possession of gill nets and trammel nets than the version of this section in effect on January 1, 1989, and therefore complies with Section 8610.4, and Section 4 of Article XB of the California Constitution.
SEC. 2. Section 8681.5 of the Fish and Game Code is amended to read:
### SEC. 2.
8681.5. (a) The Except as provided in subdivision (b), the department shall issue no new not issue or renew a gill net or trammel net permits permit under Section 8681. However, the(b) The department may renew an existing, valid permit issued under Section 8681, under regulations adopted pursuant to Section 8682 by the commission and upon payment of the fee prescribed under Section 8683.(c) Notwithstanding subdivision (b), the department shall not renew an existing, valid permit issued pursuant to this article unless at least 1,000 pounds of California halibut or 1,000 pounds of white seabass were landed under the permit between January 1, 2020, and December 31, 2024, inclusive.(b)(d) (1) Notwithstanding subdvision subdivisions (a) and (b) or Section 8681, any person who has an existing, valid permit issued pursuant to Section 8681, and presents to the department satisfactory evidence that he or she the person has taken and landed fish for commercial purposes in at least 15 of the preceding 20 years, may transfer that permit to any person otherwise qualified under the regulations adopted pursuant to Section 8682 upon payment of the fee prescribed under Section 8683.(c)The fee collected by the department for the transfer of a gill and trammel net permit issued pursuant to Section 8682 shall not exceed the cost of the permit fee as prescribed under Section 8683.(d)For purposes of subdivision (b), the death of the holder of the permit is a disability which authorizes transfer of the permit by that persons estate to a qualified fisherman pursuant to Section 8682. For purposes of a transfer under this subdivision, the estate shall renew the permit, as specified in Section 8681, if the permittee did not renew the permit before his or her death. The application for transfer by that persons estate shall be received by the department, including the name, address, and telephone number of the qualified fisherman to whom the permit will be transferred, within one year of the date of death of the permitholder. If no transfer is initiated within one year of the date of death of the permitholder, the permit shall revert to the department for disposition pursuant to Section 8681.(e)Any active participant who becomes disabled in such a manner that he or she can no longer earn a livelihood from commercial fishing may transfer his or her permit as provided under this section.(2) The commission may adopt regulations to eliminate the authority to transfer a permit pursuant to paragraph (1).(f)(e) The Legislature finds and declares that this section, as amended by Chapter 94 of the Statutes of 1992, section is more restrictive on the use and possession of gill nets and trammel nets than the version of this section in effect on January 1, 1989, and therefore complies with Section 8610.4, and Section 4 of Article XB of the California Constitution.
8681.5. (a) The Except as provided in subdivision (b), the department shall issue no new not issue or renew a gill net or trammel net permits permit under Section 8681. However, the(b) The department may renew an existing, valid permit issued under Section 8681, under regulations adopted pursuant to Section 8682 by the commission and upon payment of the fee prescribed under Section 8683.(c) Notwithstanding subdivision (b), the department shall not renew an existing, valid permit issued pursuant to this article unless at least 1,000 pounds of California halibut or 1,000 pounds of white seabass were landed under the permit between January 1, 2020, and December 31, 2024, inclusive.(b)(d) (1) Notwithstanding subdvision subdivisions (a) and (b) or Section 8681, any person who has an existing, valid permit issued pursuant to Section 8681, and presents to the department satisfactory evidence that he or she the person has taken and landed fish for commercial purposes in at least 15 of the preceding 20 years, may transfer that permit to any person otherwise qualified under the regulations adopted pursuant to Section 8682 upon payment of the fee prescribed under Section 8683.(c)The fee collected by the department for the transfer of a gill and trammel net permit issued pursuant to Section 8682 shall not exceed the cost of the permit fee as prescribed under Section 8683.(d)For purposes of subdivision (b), the death of the holder of the permit is a disability which authorizes transfer of the permit by that persons estate to a qualified fisherman pursuant to Section 8682. For purposes of a transfer under this subdivision, the estate shall renew the permit, as specified in Section 8681, if the permittee did not renew the permit before his or her death. The application for transfer by that persons estate shall be received by the department, including the name, address, and telephone number of the qualified fisherman to whom the permit will be transferred, within one year of the date of death of the permitholder. If no transfer is initiated within one year of the date of death of the permitholder, the permit shall revert to the department for disposition pursuant to Section 8681.(e)Any active participant who becomes disabled in such a manner that he or she can no longer earn a livelihood from commercial fishing may transfer his or her permit as provided under this section.(2) The commission may adopt regulations to eliminate the authority to transfer a permit pursuant to paragraph (1).(f)(e) The Legislature finds and declares that this section, as amended by Chapter 94 of the Statutes of 1992, section is more restrictive on the use and possession of gill nets and trammel nets than the version of this section in effect on January 1, 1989, and therefore complies with Section 8610.4, and Section 4 of Article XB of the California Constitution.
8681.5. (a) The Except as provided in subdivision (b), the department shall issue no new not issue or renew a gill net or trammel net permits permit under Section 8681. However, the(b) The department may renew an existing, valid permit issued under Section 8681, under regulations adopted pursuant to Section 8682 by the commission and upon payment of the fee prescribed under Section 8683.(c) Notwithstanding subdivision (b), the department shall not renew an existing, valid permit issued pursuant to this article unless at least 1,000 pounds of California halibut or 1,000 pounds of white seabass were landed under the permit between January 1, 2020, and December 31, 2024, inclusive.(b)(d) (1) Notwithstanding subdvision subdivisions (a) and (b) or Section 8681, any person who has an existing, valid permit issued pursuant to Section 8681, and presents to the department satisfactory evidence that he or she the person has taken and landed fish for commercial purposes in at least 15 of the preceding 20 years, may transfer that permit to any person otherwise qualified under the regulations adopted pursuant to Section 8682 upon payment of the fee prescribed under Section 8683.(c)The fee collected by the department for the transfer of a gill and trammel net permit issued pursuant to Section 8682 shall not exceed the cost of the permit fee as prescribed under Section 8683.(d)For purposes of subdivision (b), the death of the holder of the permit is a disability which authorizes transfer of the permit by that persons estate to a qualified fisherman pursuant to Section 8682. For purposes of a transfer under this subdivision, the estate shall renew the permit, as specified in Section 8681, if the permittee did not renew the permit before his or her death. The application for transfer by that persons estate shall be received by the department, including the name, address, and telephone number of the qualified fisherman to whom the permit will be transferred, within one year of the date of death of the permitholder. If no transfer is initiated within one year of the date of death of the permitholder, the permit shall revert to the department for disposition pursuant to Section 8681.(e)Any active participant who becomes disabled in such a manner that he or she can no longer earn a livelihood from commercial fishing may transfer his or her permit as provided under this section.(2) The commission may adopt regulations to eliminate the authority to transfer a permit pursuant to paragraph (1).(f)(e) The Legislature finds and declares that this section, as amended by Chapter 94 of the Statutes of 1992, section is more restrictive on the use and possession of gill nets and trammel nets than the version of this section in effect on January 1, 1989, and therefore complies with Section 8610.4, and Section 4 of Article XB of the California Constitution.
8681.5. (a) The Except as provided in subdivision (b), the department shall issue no new not issue or renew a gill net or trammel net permits permit under Section 8681. However, the
(b) The department may renew an existing, valid permit issued under Section 8681, under regulations adopted pursuant to Section 8682 by the commission and upon payment of the fee prescribed under Section 8683.
(c) Notwithstanding subdivision (b), the department shall not renew an existing, valid permit issued pursuant to this article unless at least 1,000 pounds of California halibut or 1,000 pounds of white seabass were landed under the permit between January 1, 2020, and December 31, 2024, inclusive.
(b)
(d) (1) Notwithstanding subdvision subdivisions (a) and (b) or Section 8681, any person who has an existing, valid permit issued pursuant to Section 8681, and presents to the department satisfactory evidence that he or she the person has taken and landed fish for commercial purposes in at least 15 of the preceding 20 years, may transfer that permit to any person otherwise qualified under the regulations adopted pursuant to Section 8682 upon payment of the fee prescribed under Section 8683.
(c)The fee collected by the department for the transfer of a gill and trammel net permit issued pursuant to Section 8682 shall not exceed the cost of the permit fee as prescribed under Section 8683.
(d)For purposes of subdivision (b), the death of the holder of the permit is a disability which authorizes transfer of the permit by that persons estate to a qualified fisherman pursuant to Section 8682. For purposes of a transfer under this subdivision, the estate shall renew the permit, as specified in Section 8681, if the permittee did not renew the permit before his or her death. The application for transfer by that persons estate shall be received by the department, including the name, address, and telephone number of the qualified fisherman to whom the permit will be transferred, within one year of the date of death of the permitholder. If no transfer is initiated within one year of the date of death of the permitholder, the permit shall revert to the department for disposition pursuant to Section 8681.
(e)Any active participant who becomes disabled in such a manner that he or she can no longer earn a livelihood from commercial fishing may transfer his or her permit as provided under this section.
(2) The commission may adopt regulations to eliminate the authority to transfer a permit pursuant to paragraph (1).
(f)
(e) The Legislature finds and declares that this section, as amended by Chapter 94 of the Statutes of 1992, section is more restrictive on the use and possession of gill nets and trammel nets than the version of this section in effect on January 1, 1989, and therefore complies with Section 8610.4, and Section 4 of Article XB of the California Constitution.
SEC. 3. Section 8681.7 of the Fish and Game Code is repealed.8681.7.(a)Notwithstanding Section 8681.5, any person who possessed a valid permit issued pursuant to Section 8681 and who was denied renewal of that permit, may appeal to the commission where evidence can be presented that illness or the loss of a vessel resulted in the person not meeting the qualifications for renewal or reissuance of that permit.(b)The appeal shall be filed with the commission within 60 days of a denial of the renewal of a permit.(c)If the commission determines that a permit is to be issued to a prior permittee under this section, a permit shall be made available to that person upon payment of required fees.(d)In accordance with Section 4 of Article X B of the California Constitution, this section contains the provisions in effect on January 1, 1989.
SEC. 3. Section 8681.7 of the Fish and Game Code is repealed.
### SEC. 3.
8681.7.(a)Notwithstanding Section 8681.5, any person who possessed a valid permit issued pursuant to Section 8681 and who was denied renewal of that permit, may appeal to the commission where evidence can be presented that illness or the loss of a vessel resulted in the person not meeting the qualifications for renewal or reissuance of that permit.(b)The appeal shall be filed with the commission within 60 days of a denial of the renewal of a permit.(c)If the commission determines that a permit is to be issued to a prior permittee under this section, a permit shall be made available to that person upon payment of required fees.(d)In accordance with Section 4 of Article X B of the California Constitution, this section contains the provisions in effect on January 1, 1989.
(a)Notwithstanding Section 8681.5, any person who possessed a valid permit issued pursuant to Section 8681 and who was denied renewal of that permit, may appeal to the commission where evidence can be presented that illness or the loss of a vessel resulted in the person not meeting the qualifications for renewal or reissuance of that permit.
(b)The appeal shall be filed with the commission within 60 days of a denial of the renewal of a permit.
(c)If the commission determines that a permit is to be issued to a prior permittee under this section, a permit shall be made available to that person upon payment of required fees.
(d)In accordance with Section 4 of Article X B of the California Constitution, this section contains the provisions in effect on January 1, 1989.
Notwithstanding any other law, gill nets may not be used to take salmon, steelhead, or striped bass.