SB 1114

Bill Subjects

Abstract

(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 or amphibians 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 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 a permit to be transferred under certain circumstances. Existing law establishes an annual fee of $330 for a permit. Under existing law, a violation of these provisions is a crime. This bill would prohibit the department from issuing any drift gill net permit. The bill would require the department to revoke all latent drift gill net permits, as defined, within 12 months of a federal authorization to use deep set buoy gear or similar gear to take swordfish and would require the department to revoke all drift gill net permits if the department has not been notified of any landings under any drift gill net permit during any 2 successive fishing seasons. The bill, beginning March 31, 2017, would limit the circumstances under which a drift gill net permit can be transferred to a situation where the permittee permanently retires the permit by transferring the permit to an entity engaged in retiring permits or where a person exchanges the permit for a deep set buoy gear permit. The bill, beginning March 31, 2017, would increase the fee for a drift gill net permit to $1,500 and would authorize the department to increase the fee to fully recover its costs in administering the drift gill net program. This bill would authorize the department to adopt regulations establishing a deep set buoy gear fishery for swordfish. The bill would require the department, upon a federal authorization to use deep set buoy gear or similar gear to take swordfish, to issue initial permits to specified persons and would authorize the department to issue additional permits 5 years after the federal authorization to use this gear, subject to specified requirements. The bill would prohibit the use of deep set buoy gear to take swordfish for commercial purposes, except under these permits issued by the department. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. The bill would require the department to set an annual fee for the permit and a fee for transferring a permit. The bill would require the department to establish measures and incentives that are needed to prevent, reduce, and eliminate the incidence of derelict deep set buoy gear left at sea to the extent that these measures are not established pursuant to federal law. (2) The California Ocean Protection Act establishes the Ocean Protection Council and requires the council, among other things, to coordinate activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems, and to establish policies to coordinate the collection and sharing of scientific data related to coastal and ocean resources among agencies. The 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 council for projects and activities authorized by the council consistent with the purposes of the act. This bill would authorize the council to expend funds for the innovation and adoption of sustainable commercial fishing methods for swordfish and to expend funds to develop marketing and business structures to support a high and stable price for swordfish landed under a deep set buoy gear permit. (3) 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.