SB1393 - Commercial fishing: steelhead trout: Dungeness crab.

Amended IN Assembly August 19, 2026 Amended IN Assembly August 13, 2026 Amended IN Assembly July 06, 2026 Amended IN Senate April 23, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1393 Introduced by Senator McGuire February 20, 2026 An act to amend Sections 7380, 7381, 7382, 8276.1, 8276.2, 8276.3, 8276.4, 8276.5, 8279.1, 8280.1, 8280.2, 8280.3, 8280.4, 8280.6, and 9002.5 of, and to add and repeal Sections 8276.6 and 8286 of, the Fish and Game Code, relating to fish. LEGISLATIVE COUNSEL'S DIGEST SB 1393, as amended, McGuire. Commercial fishing: steelhead trout: Dungeness crab. (1) Existing law requires a person taking steelhead trout in inland waters, in addition to a valid California sport fishing license and any applicable sport license stamp, to have in their possession a valid nontransferable steelhead trout fishing report-restoration card issued by the Department of Fish and Wildlife. Existing law requires revenues from the card to be deposited in the Fish and Game Preservation Fund and to be available for expenditure, upon appropriation by the Legislature, to monitor, restore, or enhance steelhead trout resources consistent with specified law, and to administer the fishing report-restoration card program. Existing law requires the department to report to the Legislature on or before July 1, 2025, regarding the steelhead trout fishing report-restoration card program’s projects undertaken using these revenues derived pursuant to that program, the benefits derived, and its recommendations for revising the fishing report-restoration card requirement, if any. These provisions are repealed as of January 1, 2027. Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under that code, is a misdemeanor, except as provided. This bill would require a person who does not return a steelhead trout fishing report-restoration card by the date established by the department to be assessed a late or nonreturn fee, as provided. The bill would require the department to report to the Legislature regarding the fishing report-restoration card program’s projects on or before July 1, 2030, and would extend the operation of the program until January 1, 2032. Because this bill would extend the operation of the fishing report-restoration card requirements, the violation of which would be a crime, it would impose a state-mandated local program. (2) Existing law requires the department, in consultation with the California Dungeness Crab Fishing Gear Working Group and other stakeholders, to adopt regulations establishing criteria and protocols to evaluate and respond to potential risk of marine life entanglement, as prescribed. Existing law authorizes the Director of Fish and Wildlife to restrict the take of Dungeness crab pursuant to the criteria and protocols. Existing law makes it unlawful to take or possess Dungeness crab from any waters closed, or otherwise violate any restriction on take imposed, pursuant to these provisions. Existing law repeals these provisions on January 1, 2030. This bill would extend the operation of these, and related, Dungeness crab provisions until January 1, 2037. By extending the operation of existing provisions, a violation of which is a crime, the bill would impose a state-mandated local program. The bill would authorize a vessel to transit closed waters with Dungeness crab traps and Dungeness crab on board the vessel if specified conditions are met, as provided. (3) Existing law provides for the development and administration of a Dungeness crab task force. Existing law imposes various duties on the task force, including making specified recommendations to the Joint Committee on Fisheries and Aquaculture, the department, and the Fish and Game Commission. Existing law establishes the Dungeness Crab Account in the Fish and Game Preservation Fund. Existing law requires, through the 2029 fiscal year, a specified sum to be allocated to the Ocean Protection Council to support the administration and facilitation of the Dungeness crab task force. Existing law repeals these provisions on January 1, 2030. This bill would extend the operation of those task force provisions until January 1, 2037. The bill would, until January 1, 2037, and upon an appropriation by the Legislature, require the department to provide funding from the Dungeness Crab Account to the Pacific States Marine Fisheries Commission, consistent with a spending plan that the bill would require the Dungeness crab task force to develop, as provided. (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 Text The people of the State of California do enact as follows: SECTION 1. Section 7380 of the Fish and Game Code is amended to read: 7380. (a) In addition to a valid California sport fishing license and any applicable sport license stamp issued pursuant to this code, after January 1, 1993, a person taking steelhead trout in inland waters shall have in their possession a valid nontransferable steelhead trout fishing report-restoration card issued by the department. The cardholder shall record certain fishing information on the card as designated by the department. The month, day, and location fished shall be recorded before the cardholder begins fishing for the day and when the cardholder moves to another location listed on the back of the report-restoration card. The cardholder shall immediately record catch information upon keeping a steelhead trout and immediately record catch information regarding released steelhead trout whenever the cardholder finishes fishing for the day, or moves to another location listed on the back of the report-restoration card. The cardholder shall return the card to the department on a schedule or date established by the department. (b) The base fee for the card shall be five dollars ($5) for the 2027 2004 license year, which may be adjusted annually thereafter pursuant to Section 713. The funds received by the department from the sale of the card shall be deposited in the Fish and Game Preservation Fund and shall be available for expenditure upon appropriation by the Legislature. The department shall maintain the internal accountability necessary to ensure that all restrictions and requirements pertaining to the expenditure of these funds are met. (c) (1) A person who does not return a steelhead trout fishing report-restoration card by the date established by the department shall be assessed a late or nonreturn fee, and the department shall not sell a steelhead trout fishing report-restoration card for a subsequent year to that person until the late or nonreturn fee is paid in full. (2) The base fee for the late or nonreturn fee shall be twenty dollars ($20) for the 2027 2028 license year, and may be adjusted annually thereafter pursuant to Section 713. (3) The funds received by the department from late or nonreturn fee assessments shall be treated in the same manner as the card revenue pursuant to subdivision (b). (4) The department or commission shall not waive the late or nonreturn fee established pursuant to this subdivision. (d) The commission shall adopt regulations necessary to implement this section. These regulations shall include, but not be limited to, procedures necessary to obtain appropriate steelhead trout resources management information, a requirement that the card contain a statement explaining potential uses of the funds received as authorized by Section 7381, and a requirement that the cards be returned to the department. SEC. 2. Section 7381 of the Fish and Game Code is amended to read: 7381. (a) Revenue received pursuant to Section 7380 may be expended, upon appropriation by the Legislature, only to monitor, restore, or enhance steelhead trout resources consistent with Sections 6901 and 6902, and to administer the fishing report-restoration card program. The department shall submit all proposed expenditures, including proposed expenditures for administrative purposes, to the Advisory Committee on Salmon and Steelhead Trout for review and comment before submitting a request for inclusion of the appropriation in the annual Budget Act. The committee may recommend revisions in any proposed expenditure to the Legislature and the commission. (b) (1) The department shall report to the Legislature on or before July 1, 2030, regarding the steelhead trout fishing report-restoration card program’s projects undertaken using revenues derived pursuant to that program, the benefits derived, collected fishing effort data with error bars, and its recommendations for revising the fishing report-restoration card requirement, if any. The (2) In the main body of the report, described in paragraph (1), the department shall do all of the following: (A) Report on the number of card sales and related card return rates. (B) Evaluate and discuss the constraints and uncertainty of the fishing effort data. (C) Describe how the report card data is used in conjunction with other relevant, credible science, as defined in Section 33, to inform management decisions. (3) The report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. SEC. 3. Section 7382 of the Fish and Game Code is amended to read: 7382. This article shall remain in effect only until January 1, 2032, and as of that date is repealed. SEC. 4. Section 8276.1 of the Fish and Game Code is amended to read: 8276.1. (a) For purposes of this section, the following definitions apply: (1) “California Dungeness Crab Fishing Gear Working Group” means the California Dungeness Crab Fishing Gear Working Group established by the department, in partnership with the Ocean Protection Council and the National Marine Fisheries Service, on September 21, 2015, and as defined by its most recent charter as it may be amended from time to time. (2) “Risk assessment and mitigation program” means the program developed by the California Dungeness Crab Fishing Gear Working Group, as that program may be amended from time to time until the regulations are adopted pursuant to subdivision (b), to identify and assess elevated levels of entanglement risk and determine the need for management options to reduce the risk of entanglement. (b) The department, in consultation with the California Dungeness Crab Fishing Gear Working Group and other stakeholders, shall adopt regulations establishing criteria and protocols to evaluate and respond to the potential risk of marine life entanglement. The regulations shall include, but are not limited to, the risk assessment and mitigation program, and the use of alternative gear only after the season is open pursuant to the risk assessment and mitigation program that may otherwise be prohibited as prescribed by the department. Upon the effective date of the regulations, the director may restrict the take of Dungeness crab pursuant to the protocols and criteria. (c) Unless otherwise prescribed by regulation, it is unlawful to take or possess Dungeness crab from any waters closed, or otherwise violate any restriction on take imposed, pursuant to this section. (d) This section shall remain in effect only until January 1, 2037, and as of that date is repealed. SEC. 5. Section 8276.2 of the Fish and Game Code is amended to read: 8276.2. (a) The director may order a delay in the opening of the Dungeness crab fishery after December 1 in Districts 6, 7, 8, and 9 in any year. The delay in the opening shall not be later than January 15 of any year. (b) (1) On or about November 1 of each year, the director may authorize one or more operators of commercial fishing vessels to take and land a limited number of Dungeness crab for the purpose of quality testing according to a testing program conducted by, or on behalf of, the Pacific States Marine Fisheries Commission or an entity approved by the department. (2) (A) The meat extracted from Dungeness crab tested pursuant to paragraph (1) may be sold by the entity approved by the department and revenues from that sale may be used for purposes of managing the testing program. Revenues shall be deposited in an account managed and overseen by the Pacific States Marine Fisheries Commission. (B) For purposes of the testing program, the department shall develop guidelines after consulting with representatives of the California Dungeness crab industry, which shall include California delegates to the Tri-State Dungeness Crab Commission or members of the California Dungeness Crab Task Force, or both. The guidelines shall include the following: (i) Suggested guidelines for the management of the funds received from, but not limited to, the sale of the crab meat pursuant to subparagraph (A), including the suggested guideline that funds in excess of the program costs may be donated for charitable purposes. (ii) Guidelines for the testing program. (iii) Guidelines that establish measures to track crab caught for purposes of the testing program, including, but not limited to, the guideline that all crab caught and sold for the testing program shall be canned. (c) The director shall order the opening of the Dungeness crab season in Districts 6, 7, 8, and 9 on December 1 if the quality tests authorized in subdivision (b) indicate the Dungeness crabs are not soft-shelled or low quality. The entity authorized to conduct the approved testing program may test, or cause to be tested, crabs taken for quality and soft shells pursuant to the approved testing program. If the tests are conducted on or about November 1 and result in a finding that Dungeness crabs are soft-shelled or low quality, the director shall authorize a second test to be conducted on or about November 15 pursuant to the approved testing program. If the second test results in a finding that Dungeness crabs are soft-shelled or low quality, the director may order the season opening delayed for a period of 15 days and may authorize a third test to be conducted on or about December 1. If the third test results in a finding that Dungeness crabs remain soft-shelled or of low quality, the director may order the season opening delayed for a period of an additional 15 days and authorize a fourth test to be conducted. This procedure may continue to be followed, except that tests shall not be conducted after January 15 for that season, and the season opening shall not be delayed by the director later than January 15. (d) This section shall become inoperative on January 1, 2037, and, as of January 1, 2038, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2038, deletes or extend [Text truncated for display. Full text available on Congress.gov.]