California 2017-2018 Regular Session Status: Enacted 4 D cosponsors

SB 1017 — Commercial fishing: drift gill net shark and swordfish fishery: permit transition program.

Last action — Chaptered by Secretary of State. Chapter 844, Statutes of 2018.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2018. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 18 sponsors

    1 primary, 17 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(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 prohibits the taking of shark and swordfish for commercial purposes with drift gill nets except under a valid drift gill net shark and swordfish permit (DGN permit) issued to that person that has not been suspended or revoked and is issued to at least one person aboard the boat, except as provided. Existing law authorizes the Director of Fish and Wildlife to close the drift gill net shark and swordfish fishery if, after a public hearing, the director determines the action is necessary to protect the swordfish or thresher shark and mako shark resources and requires the director to reopen the fishery if he or she determines that the conditions that necessitated the closure no longer exist. Existing law authorizes a DGN permit to be transferred to another person under certain circumstances. Under existing law, a violation of these provisions is a crime. The California Ocean Protection Act creates the California Ocean Protection Trust Fund in the State Treasury and authorizes moneys deposited in the fund, upon appropriation by the Legislature, to be expended by the Ocean Protection Council for, among other things, grants or loans to public agencies, nonprofit corporations, or private entities for, or direct expenditures on, projects or activities that protect, conserve, and restore coastal waters and ocean ecosystems including through the acquisition from willing sellers of vessels, equipment, licenses, harvest rights, permits, and other rights and property, to reduce threats to ocean ecosystems and resources. This bill would require the department by March 31, 2020, to establish a voluntary permit transition program that includes specified conditions, including a condition that a permittee who voluntarily surrenders his or her DGN permit and shark or swordfish gill net or nets receive, to the extent that funds for the transition program are available, a specified payment, as prescribed. The bill would require the department to enter into an agreement with a fiscal agent, as defined, for the fiscal agent to receive state and nonstate funds for purposes of the transition program and, upon receipt of adequate funds, to make the payment to a participating permittee. If the department enters into an agreement with a fiscal agent that is a state entity, the bill would continuously appropriate any funds received from nonstate sources to that state entity for purposes of the transition program. The bill would require the Ocean Protection Council to use $1 million of an appropriation made to it in the Budget Act of 2018 for whale and sea turtle entanglement to fund the transition program. The bill would require the department to notify the Legislature within 10 days of the date that the fiscal agent receives $1 million from nonstate sources and secures $1 million through an agreement with the Ocean Protection Council. The bill would require a DGN permit issued pursuant to these provisions to be surrendered or revoked as of January 31 of the 4th year following the department's notification to the Legislature. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program. The bill would, beginning March 31, 2019, prohibit the transfer of a DGN permit. The bill would provide that the provisions dealing with the drift gill net shark and swordfish fishery do not create or recognize a property right in fish expected to be caught using a DGN permit. (2) Existing law establishes a swordfish permit that authorizes a person holding that permit to take, possess aboard a boat, and land swordfish for commercial purposes using specified methods but not including use of a drift gill net. Existing law establishes a fee of $330 for a swordfish permit, as adjusted pursuant to the above-described index, but exempts the holder of a DGN permit from payment of that fee. This bill would also exempt any person who participates in the permit transition program established by the department from payment of the fee for a swordfish permit. (3) Existing law makes it unlawful to use fishing lines, including, but not limited to, troll lines and handlines more than 900 feet in length unless they are used as set lines, as specified. This bill would also exempt from this prohibition fishing lines more than 900 feet in length if they are used as part of deep-set buoy gear authorized under federal law. (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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 844, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 36. Noes 1. Page 6052.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 6778.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 16).

  12. August 8 set for first hearing. Placed on APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 2.) (June 26). Re-referred to Com. on APPR.

  14. Coauthors revised.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on W.,P., & W.

  16. Referred to Com. on W.,P., & W.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 33. Noes 0. Page 4390.) Ordered to the Assembly.

  19. Read second time. Ordered to third reading.

  20. Read second time and amended. Ordered to second reading.

  21. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 4302.) (May 25).

  22. Set for hearing May 25.

  23. May 14 hearing: Placed on APPR. suspense file.

  24. Set for hearing May 14.

  25. Read second time and amended. Re-referred to Com. on APPR.

  26. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 4787.) (April 24).

  27. Set for hearing April 24.

  28. From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

  29. March 13 set for first hearing canceled at the request of author.

  30. Set for hearing March 13.

  31. Referred to Com. on N.R. & W.

  32. From printer. May be acted upon on or after March 10.

  33. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Bloom · Cosponsor
  • Brough · Cosponsor
  • Chiu · Cosponsor
  • Chu · Cosponsor
  • Friedman · Cosponsor
  • Jesse Gabriel · Cosponsor
  • Gloria · Cosponsor
  • Ash Kalra · Cosponsor
  • Levine · Cosponsor
  • Maienschein · Cosponsor
  • Mullin · Cosponsor
  • Al Muratsuchi · Cosponsor
  • Quirk · Cosponsor
  • Waldron · Cosponsor
  • Wieckowski · Cosponsor
  • Benjamin Allen · Primary
  • Wendy Carrillo · Cosponsor
  • Mark Stone · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 17 co-sponsors · 104 not signed on

Sponsors (1)

Co-sponsors (17)

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB1017 Allen et al. Concurrence

Passed 36 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 31103
Democratic 5000
Total 36103
% of votes cast 90%3%0%8%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hueso — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Not Voting
Vidak — Nay
Delgado — Yea
Fuller — Not Voting
Wilk — Yea
Galgiani — Yea
Cannella — Yea
Glazer — Yea
Hernandez — Yea
Chang — Yea
Allen — Yea
Mitchell — Yea
Hertzberg — Yea
Atkins — Yea
Portantino — Yea
Hill — Yea
De León — Yea
Dodd — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 1017 Allen Senate Third Reading By GLORIA

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 56002
Democratic 16000
Republican 6000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Kamlager-Dove — Yea
Mathis — Yea
Melendez — Yea
Nazarian — Yea
Quirk — Yea
Ting — Yea
Wood — Yea
Chiu — Yea
Chau — Yea
Chu — Yea
Gloria — Yea
Low — Yea
Gonzalez Fletcher — Yea
Mayes — Yea
Medina — Yea
Mullin — Yea
Rodriguez — Yea
Fong — Yea
Salas — Yea
Santiago — Yea
Thurmond — Yea
Voepel — Yea
Weber — Yea
Friedman — Yea
Gray — Yea
Holden — Yea
Rubio — Yea
Rivas — Yea
Jones-Sawyer — Yea
Kiley — Yea
Burke — Yea
Levine — Yea
Maienschein — Yea
McCarty — Yea
O'Donnell — Yea
Chávez — Yea
Cooper — Not Voting
Obernolte — Not Voting
Rendon — Yea
Steinorth — Yea
Waldron — Yea
Eggman — Yea
Cooley — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 9004
Democratic 3000
Republican 0001
Total 12005
% of votes cast 71%0%0%29%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Nazarian — Yea
Eggman — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Fong — Not Voting
Friedman — Yea
Obernolte — Not Voting
Quirk — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 9201
Republican 0002
Democratic 1000
Total 10203
% of votes cast 67%13%0%20%
How each member voted (15)
Member Party Vote
Friedman — Yea
Gloria — Yea
Chu — Yea
Harper — Nay
Rubio — Yea
Salas — Yea
Bigelow — Not Voting
Levine — Yea
Mathis — Nay
Wood — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Kalra, Ash Democratic Yea
Choi, Steven S. Republican Not Voting
Gallagher, James Republican Not Voting

Official roll call →

3rd Reading SB1017 Allen et al.

Passed 33 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 29005
Democratic 4001
Total 33006
% of votes cast 85%0%0%15%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Not Voting
Bradford — Yea
Hernandez — Yea
Moorlach — Yea
Nielsen — Not Voting
Pan — Yea
Dodd — Yea
Fuller — Not Voting
Galgiani — Yea
Cannella — Yea
De León — Yea
Allen — Yea
Atkins — Yea
Glazer — Yea
Portantino — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Newman — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Mitchell — Yea
Hueso — Yea
Morrell — Yea
Beall — Yea
Vidak — Not Voting
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Not Voting
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Beall — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Nay
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 1017 do?
(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 prohibits the taking of shark and swordfish for commercial purposes with drift gill nets except under a valid drift gill net shark and swordfish permit (DGN permit) issued to that person that has not been suspended or revoked and is issued to at least one person aboard the boat, except as provided. Existing law authorizes the Director of Fish and Wildlife to close the drift gill net shark and swordfish fishery if, after a public hearing, the director determines the action is necessary to protect the swordfish or thresher shark and mako shark resources and requires the director to reopen the fishery if he or she determines that the conditions that necessitated the closure no longer exist. Existing law authorizes a DGN permit to be transferred to another person under certain circumstances. Under existing law, a violation of these provisions is a crime. The California Ocean Protection Act creates the California Ocean Protection Trust Fund in the State Treasury and authorizes moneys deposited in the fund, upon appropriation by the Legislature, to be expended by the Ocean Protection Council for, among other things, grants or loans to public agencies, nonprofit corporations, or private entities for, or direct expenditures on, projects or activities that protect, conserve, and restore coastal waters and ocean ecosystems including through the acquisition from willing sellers of vessels, equipment, licenses, harvest rights, permits, and other rights and property, to reduce threats to ocean ecosystems and resources. This bill would require the department by March 31, 2020, to establish a voluntary permit transition program that includes specified conditions, including a condition that a permittee who voluntarily surrenders his or her DGN permit and shark or swordfish gill net or nets receive, to the extent that funds for the transition program are available, a specified payment, as prescribed. The bill would require the department to enter into an agreement with a fiscal agent, as defined, for the fiscal agent to receive state and nonstate funds for purposes of the transition program and, upon receipt of adequate funds, to make the payment to a participating permittee. If the department enters into an agreement with a fiscal agent that is a state entity, the bill would continuously appropriate any funds received from nonstate sources to that state entity for purposes of the transition program. The bill would require the Ocean Protection Council to use $1 million of an appropriation made to it in the Budget Act of 2018 for whale and sea turtle entanglement to fund the transition program. The bill would require the department to notify the Legislature within 10 days of the date that the fiscal agent receives $1 million from nonstate sources and secures $1 million through an agreement with the Ocean Protection Council. The bill would require a DGN permit issued pursuant to these provisions to be surrendered or revoked as of January 31 of the 4th year following the department's notification to the Legislature. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program. The bill would, beginning March 31, 2019, prohibit the transfer of a DGN permit. The bill would provide that the provisions dealing with the drift gill net shark and swordfish fishery do not create or recognize a property right in fish expected to be caught using a DGN permit. (2) Existing law establishes a swordfish permit that authorizes a person holding that permit to take, possess aboard a boat, and land swordfish for commercial purposes using specified methods but not including use of a drift gill net. Existing law establishes a fee of $330 for a swordfish permit, as adjusted pursuant to the above-described index, but exempts the holder of a DGN permit from payment of that fee. This bill would also exempt any person who participates in the permit transition program established by the department from payment of the fee for a swordfish permit. (3) Existing law makes it unlawful to use fishing lines, including, but not limited to, troll lines and handlines more than 900 feet in length unless they are used as set lines, as specified. This bill would also exempt from this prohibition fishing lines more than 900 feet in length if they are used as part of deep-set buoy gear authorized under federal law. (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.
Who sponsors SB 1017?
SB 1017 is sponsored by Bloom, Brough, Chiu, Chu, Friedman, Gabriel, Jesse (Democratic), Gloria, Kalra, Ash (Democratic), Levine, Maienschein, Mullin, Muratsuchi, Al (Democratic), Quirk, Waldron, Wieckowski, Allen, Benjamin (Democratic), Wendy Carrillo, and Mark Stone.
What is the current status of SB 1017?
This bill has been enacted into law. Introduced February 07, 2018. Enacted.
Where can I track SB 1017?
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