Bill Text: CA AB2019 | 2013-2014 | Regular Session | Amended

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Bill Title: Commercial fishing: drift gill net shark and swordfish fishery.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2014-05-28 - From committee without further action pursuant to Joint Rule 62(a). [AB2019 Detail]

Download: California-2013-AB2019-Amended.html

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BILL NUMBER: AB 2019	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2014

INTRODUCED BY   Assembly Members Fong and Levine
   (Principal coauthor: Assembly Member Stone)
   (  Coauthor:   Assembly Member 
 Rendon   Coauthors:   Assembly Members
  Gonzalez,   Rendon,   Skinner, 
 Wieckowski,   and Williams  )

                        FEBRUARY 20, 2014

   An act to amend the heading of Article 16 (commencing with Section
8561) of Chapter 2 of Part 3 of Division 6 of, and to amend and
repeal Sections 8568, 8568.5, 8573, 8574, 8575, and 8575.5 of, and to
amend, repeal, and add Sections 8561, 8563, 8564, 8567, 8569, 8576,
8576.5, 8577, 8579, and 8582 of, and to add Sections 8561.1 and
8561.3 to, the Fish and Game Code, relating to commercial fishing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2019, as amended, Fong. Commercial fishing: drift gill net
shark and swordfish fishery.
   (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 amphibia 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 prohibits a person from taking shark and swordfish under a drift
gill net permit during certain times of the year and in certain
locations. Under existing law, a violation of these provisions is a
crime.
   This bill  would enact the Swordfish Fishery Sustainability
and Marine Wildlife Conservation Act and  would prohibit a
person from using a drift gill net to take shark and swordfish for
commercial purposes, except as provided. Because a violation of this
provision would be a crime, this bill would impose a state-mandated
local program. The bill would recast the drift gill net shark and
swordfish permit as the shark and swordfish permit and would
authorize a person to take shark and swordfish under this permit
using only specified methods of take, including hand-held hook and
line and handthrusted harpoon. The bill would eliminate  in
the new shark and swordfish fishery provisions the  time and
area restrictions  that existed for the use of drift gill
nets  for  taking  shark and swordfish. The bill
would require the department to issue a shark and swordfish permit to
a person who  actively participated, as defined, in the
drift gill net shark and swordfish fishery and who  holds a
valid drift gill net shark and swordfish permit as of January 31,
2015.  The bill would authorize the department to issue a
shark and swordfish permit to a person who did not actively
participate in the drift gill net shark and swordfish fishery and who
holds a valid drift gill net permit as of January 31, 2015, based on
specified considerations.  The bill would make additional
conforming changes. The bill would make these provisions operative on
February 1, 2015.
   This bill would require the  department, through its
member on the Pacific Fishery Management Council, to initiate and
support an amendment to the Highly Migratory Species Fishery
Management Plan to prohibit the use of drift gill nets to target
shark and swordfish in the area subject to the oversight of the
council.   State of California, in all relevant state
and federal proceedings, to support a prohibition of drift gill nets
targeting shark and swordfish and to oppose the transfer of 
 state permitting authority over the shark and swordfish fishery
to the federal government. 
   This bill would provide that the provisions of this act are
severable.
   (2) 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    This act shall be known, and may be
cited, as the Swordfish Fishery Sustainability and Marine Wildlife
Conservation Act.
   SEC. 2.    (a) The Legislature finds and declares all
of the following:  
   (1) The Pacific Ocean and its rich marine living resources are of
great environmental, economic, aesthetic, recreational, educational,
scientific, nutritional, social, and historic importance to the
people of California.  
   (2) California's ocean-based economy is worth more than $39
billion.  
   (3) California's ocean ecosystem is referred to by leading
scientists as the "Blue Serengeti of the Sea" because it is important
to large numbers of diverse resident and migratory whales, dolphins,
seals, sea lions, sea turtles, seabirds, sharks, and fish that use
this area for foraging and migration.  
   (4) Drift gill nets that are used in the Pacific Ocean off
California to catch swordfish and sharks entangle, injure, and drown
an unacceptably high number of iconic wildlife, including California
gray whales, humpback whales, sperm whales, minke whales, bottlenose
dolphins, Risso's dolphins, Pacific white-sided dolphins, common
dolphins, ocean sunfish, elephant seals, California sea lions,
Pacific leatherback sea turtles, and other ocean wildlife.  

   (5) Animal suffering due to drift gill net entanglement is cruel
and inhumane.  
   (6) Bycatch in swordfish and shark drift gill nets is wasteful and
inconsistent with the protection of coastal resources of the state.
 
   (7) Bycatch in swordfish and shark drift gill nets includes fish
that are important to the recreational, ecological, and other
interests of the residents of California.  
   (8) Pacific swordfish can be legally and sustainably harvested
using fishing gears other than drift gill nets or pelagic longlines,
including hand-held hook and line and handthrusted harpoon gear.
 
   (9) Continuing to allow the use of drift gill nets creates a
disincentive for fishermen to use alternative, sustainable fishing
gears and prevents innovation and experimentation to develop cleaner
fishing methods.  
   (10) Continued participation in unsustainable fisheries with
unacceptably high bycatch hurts California's reputation as a source
of sustainable seafood.  
   (11) Drift gill nets are currently prohibited on the high seas and
throughout the Mediterranean Sea by international agreement, and are
not permitted by Oregon or Washington because their use results in
unacceptably high levels of bycatch.  
   (12) Pelagic longlines have been prohibited off California's coast
since 1989 due to their unacceptably high bycatch of fish and
wildlife. 
   (13) Concerns over the sustainability of imported swordfish
products are appropriately addressed by enforcing existing federal
law, and not by allowing unsustainable fishing practices in domestic
waters, which is consistent with the intent of the Legislature
expressed in Assembly Joint Resolution 8 (Resolution Chapter 94,
2009).  
   (b) It is the intent of the Legislature that:  
   (1) Drift gill nets targeting swordfish and sharks be prohibited
in the state and federal waters off of California.  
   (2) Pelagic longlines used to target swordfish and sharks remain
prohibited, including for experimental purposes. 
   (3) The State of California take all possible steps and support
all proposals to eliminate drift gill nets targeting swordfish and
sharks in all state and federal proceedings affecting the shark and
swordfish fisheries on the West Coast. 
   SECTION 1.   SEC. 3.   The heading of
Article 16 (commencing with Section 8561) of Chapter 2 of Part 3 of
Division 6 of the Fish and Game Code is amended to read:

      Article 16.  Shark and Swordfish Fishery


   SEC. 2.   SEC. 4.   Section 8561 of the
Fish and Game Code is amended to read:
   8561.  (a) Notwithstanding Section 8394, shark and swordfish shall
not be taken 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.
   (b) A drift gill net shark and swordfish permit shall not be
required for the taking of sharks with drift gill nets with a mesh
size smaller than eight inches in stretched mesh and twine size no.
18 or the equivalent of this twine size or smaller.
   (c) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 3.   SEC. 5.   Section 8561 is
added to the Fish and Game Code, to read:
   8561.  (a) A person may only take shark and swordfish for
commercial purposes under a permit issued pursuant to this section or
under another authorization granted pursuant to this code.
   (b) The department shall issue a shark and swordfish permit to a
person who  meets the following criteria:  
holds a valid drift gill net shark and swordfish permit as of January
31, 2015, that has not been suspended or revoked.  
   (1) The person holds a valid drift gill net shark and swordfish
permit as of January 31, 2015, that has not been suspended or
revoked.  
   (2) The person actively participated in the drift gill net shark
and swordfish fishery.  
   (c) (1) The department shall determine whether to issue a shark
and swordfish permit to a person who meets the following criteria:
 
   (A) The person holds a valid drift gill net shark and swordfish
permit as of January 31, 2015, that has not been suspended or
revoked.  
   (B) The person did not actively participate in the drift gill net
shark and swordfish fishery.  
   (2) The department shall make the determination described in
paragraph (1) based on the following considerations: 

   (A) Whether issuing the permit would result in overcapacity in the
fishery.  
   (B) Whether issuing the permit would adversely impact natural
resources and wildlife.  
   (d) For purposes of this section, the following terms have the
following meanings:  
   (1) "Actively participate" means to have held a valid drift gill
net shark and swordfish permit that was not suspended or revoked and
to have made landings of shark or swordfish, or both, under that
permit in each year since January 1, 2010.  
   (2) "Drift gill net shark and swordfish permit" means the permit
that was authorized under former Section 8561 until January 31, 2015.
 
   (e) 
    (c)  This section shall become operative on February 1,
2015.
   SEC. 4.   SEC. 6.   Section 8561.1 is
added to the Fish and Game Code, to read:
   8561.1.  (a) A person shall only take shark and swordfish under a
permit issued pursuant to Section 8561  to at least one person
aboard the boat  in a manner that is consistent with the methods
of take authorized in Section 107 of Title 14 of the California Code
of Regulations, as that section read on January 1, 2014.
   (b) A person shall not take shark and swordfish for commercial
purposes with a drift gill net of any mesh size except as provided in
Section 8576.
   (c) A person holding a permit issued pursuant to Section 8561 may
take shark and swordfish using experimental gear if the person
obtains a permit for the use of the experimental gear pursuant to
Section 8606. Notwithstanding subdivision (b) of Section 8606, the
commission shall not issue an experimental permit authorizing the use
of drift gill nets, pelagic longlines, or fishing gear described in
Section 9029 in the shark and swordfish fishery authorized pursuant
to this article.
   (d) This section shall become operative on February 1, 2015.

  SEC. 5.    Section 8561.3 is added to the Fish and
Game Code, to read:
   8561.3.  The department, through its member on the Pacific Fishery
Management Council, shall initiate and support an amendment to the
Highly Migratory Species Fishery Management Plan to prohibit the use
of drift gill nets to target shark and swordfish in the area subject
to the oversight of the Pacific Fishery Management Council. 

   SEC. 7.    Section 8561.3 is added to the  
Fish and Game Code   , to read:  
   8561.3.  In all relevant state and federal proceedings affecting
the shark and swordfish fishery, the State of California shall do all
of the following:
   (a) Support the prohibition of drift gill nets targeting swordfish
and sharks in the exclusive economic zone off of the West Coast as
of February 1, 2015.
   (b) Oppose the transfer of state permitting authority over the
shark and swordfish fishery to the federal government. 
   SEC. 6.   SEC. 8.   Section 8563 of the
Fish and Game Code is amended to read:
   8563.  (a) Except as provided in subdivision (b), the permittee
shall be aboard the vessel and shall be in possession of a valid
drift gill net shark and swordfish permit when engaged in operations
authorized by the permit.
   (b) A permittee may have any person serve in his or her place on
the permittee's vessel and engage in fishing under his or her drift
gill net shark and swordfish permit for not more than 15 calendar
days in any one year, except that a longer period may be allowed in
the event of serious illness. A permittee shall notify the department'
s Long Beach office of a substitution of 15 days or less per calendar
year, by certified letter or telegram at least 24 hours prior to the
commencement of the trip. Written authorization for a substitution
of greater than 15 days shall be obtained from the director and shall
be given only on the director's finding that the permittee will not
be available to engage in the activity due to serious illness,
supported by medical evidence. An application for a substitution of
greater than 15 days shall be made to the Department of Fish and
Wildlife, Headquarters Office, Sacramento, and shall contain such
information as the director may require. Any denial of the
substitution may be appealed to the commission.
   (c) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 7.   SEC. 9.   Section 8563 is
added to the Fish and Game Code, to read:
   8563.  (a) Except as provided in subdivision (b), the permittee
shall be aboard the vessel and shall be in possession of a valid
shark and swordfish permit when engaged in operations authorized by
the permit.
   (b) A permittee may have any person serve in his or her place on
the permittee's vessel and engage in fishing under his or her shark
and swordfish permit for not more than 15 calendar days in any one
year, except that a longer period may be allowed in the event of
serious illness. A permittee shall notify the department's Long Beach
office of a substitution of 15 days or less per calendar year, by
certified letter or telegram at least 24 hours prior to the
commencement of the trip. Written authorization for a substitution of
greater than 15 days shall be obtained from the director and shall
be given only on the director's finding that the permittee will not
be available to engage in the activity due to serious illness,
supported by medical evidence. An application for a substitution of
greater than 15 days shall be made to the Department of Fish and
Wildlife, Headquarters Office, Sacramento, and shall contain such
information as the director may require. Any denial of the
substitution may be appealed to the commission.
   (c) This section shall become operative on February 1, 2015.
   SEC. 8.   SEC. 10.   Section 8564 of the
Fish and Game Code is amended to read:
   8564.  (a) When the permittee applies for a drift gill net shark
and swordfish permit, the permittee shall specify the vessel he or
she will use in operations authorized by the permit. Transfer to
another vessel shall be authorized by the department upon receipt of
a written request from the permittee, accompanied by a transfer fee
of one hundred thirty dollars ($130), as follows:
   (1) One transfer requested between February 1 and April 30 shall
be made by the department upon request and payment of the fee.
   (2) Any transfer, except as provided in paragraph (1), shall be
authorized by the department only after receipt of proof of a
compelling reason, which shall be submitted with the request for
transfer, such as the sinking of the vessel specified for use in
operations authorized by the permit.
   (b) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 9.   SEC. 11.   Section 8564 is
added to the Fish and Game Code, to read:
   8564.  (a) When the permittee applies for a shark and swordfish
permit, the permittee shall specify the vessel he or she will use in
operations authorized by the permit. The department shall authorize
transfer to another vessel upon receipt of a written request from the
permittee, accompanied by a transfer fee of one hundred thirty
dollars ($130), as follows:
   (1) One transfer requested between February 1 and April 30 shall
be made by the department upon request and payment of the fee.
   (2) Any transfer, except as provided in paragraph (1), shall be
authorized by the department only after receipt of proof of a
compelling reason, which shall be submitted with the request for
transfer, such as the sinking of the vessel specified for use in
operations authorized by the permit.
   (b) This section shall become operative on February 1, 2015.
   SEC. 10.   SEC. 12.   Section 8567 of
the Fish and Game Code is amended to read:
   8567.  (a) The fee for a drift gill net shark and swordfish permit
shall be three hundred thirty dollars ($330). 
   (b) The amendment to this section in the 2013-14 Regular Session
shall not reset or otherwise affect calculations pursuant to Section
713.  
   (b) 
    (c)  This section shall become inoperative on February
1, 2015, and, as of January 1, 2016, is repealed, unless a later
enacted statute, that becomes operative on or before January 1, 2016,
deletes or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 11.   SEC. 13.   Section 8567 is
added to the Fish and Game Code, to read:
   8567.  (a) The fee for a shark and swordfish permit shall be three
hundred thirty dollars ($330). 
   (b) The amendment to this section in the 2013-14 Regular Session
shall not reset or otherwise affect calculations pursuant to Section
713.  
   (b) 
    (c)  This section shall become operative on February 1,
2015.
  SEC. 12.   SEC. 14.   Section 8568 of the
Fish and Game Code is amended to read:
   8568.  (a) Drift gill net shark and swordfish permits shall be
issued to any prior permittee who possesses a valid drift gill net
shark and swordfish permit issued pursuant to this section, but only
if the permittee meets both of the following requirements:
   (1) Possesses a valid permit for the use of gill nets authorized
pursuant to Section 8681.
   (2) Possessed a valid drift gill net shark and swordfish permit
during the preceding season and that permit was not subsequently
revoked.
   (b) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 13.   SEC. 15.   Section 8568.5 of
the Fish and Game Code is amended to read:
   8568.5.  (a) Any person holding a valid drift gill net shark and
swordfish permit on or after January 1, 2000, who did not make, on or
after January 1, 2000, the minimum landings required under
subdivision (c) of Section 8568, as amended by Section 11 of Chapter
525 of the Statutes of 1998, is eligible for that permit when that
person meets all other qualifications for the permit.
   (b) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 14.   SEC. 16.   Section 8569 of
the Fish and Game Code is amended to read:
   8569.  (a) The commission may establish conditions for the
issuance of a permit if the person's drift gill net shark and
swordfish permit was revoked during a preceding season or if the
person possessed a valid permit during the preceding season but did
not apply for renewal of his or her permit on or before April 30. The
applicant for a permit under this section may appeal to the director
for the issuance of the permit under those conditions.
   (b) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 15.   SEC. 17.   Section 8569 is
added to the Fish and Game Code, to read:
   8569.  (a) The commission may establish conditions for the
issuance of a permit if the person's shark and swordfish permit was
revoked during a preceding season or if the person possessed a valid
permit during the preceding season but did not apply for renewal of
his or her permit on or before April 30. The applicant for a permit
under this section may appeal to the director for the issuance of the
permit under those conditions.
   (b) This section shall become operative on February 1, 2015.
   SEC. 16.   SEC. 18.   Section 8573 of
the Fish and Game Code is amended to read:
   8573.  (a) Drift gill nets may be used to take shark and swordfish
under the permit provided in this article, subject to Section 8610.3
and all of the following restrictions:
   (1) From June 1 to November 15, inclusive, shark or swordfish gill
nets shall not be in the water from two hours after sunrise to two
hours before sunset east of a line described as follows:
   From a point beginning at Las Pitas Point to San Pedro Point on
Santa Cruz Island, thence to Gull Island Light, thence to the
northeast extremity of San Nicolas Island, thence along the high
water mark on the west side of San Nicolas Island to the southeast
extremity of San Nicolas Island, thence to the northwest extremity of
San Clemente Island, thence along the high water mark on the west
side of San Clemente Island to the southeast extremity of San
Clemente Island, thence along a line running 150  true from the
southeast extremity of San Clemente Island to the westerly extension
of the boundary line between the Republic of Mexico and San Diego
County.
   (2) (A) The total maximum length of a shark or swordfish gill net
on the net reel on a vessel, on the deck of the vessel, and in the
water at any time shall not exceed 6,000 feet in float line length.
The float line length shall be determined by measuring the float
line, as tied, of all the net panels, combined with any other netted
lines. The existence of holes, tears, or gaps in the net shall have
no bearing on the measurement of the float line. The float line of
any net panels with holes, tears, or gaps shall be included in the
total float line measurement.
   (B) Any shark or swordfish gill net on the reel shall have the
float lines of the adjacent panels tied together, the lead lines of
the adjacent panels tied together, and the web of the adjacent panels
laced together. No quick disconnect device may be used unless the
total maximum length of all shark and swordfish gill nets, including
all spare gill nets or net panels on the vessel and all gill nets or
net panels on the net reels on the vessel, on the deck of the vessel,
stored aboard the vessel, and in the water, does not exceed 6,000
feet in float line length as determined under subparagraph (A).
   (C) Spare shark or swordfish gill net aboard the vessel shall not
exceed 250 fathoms (1,500 feet) in total length, and the spare net
shall be in separated panels not to exceed 100 fathoms (600 feet) in
float line length for each panel, with the float lines and leadlines
attached to each panel separately gathered and tied, and the spare
net panels stowed in lockers, wells, or other storage space.
   (D) If a torn panel is replaced in a working shark or swordfish
gill net, the torn panel shall be removed from the working net before
the replacement panel is attached to the working net.
   (3) Any end of a shark or swordfish gill net not attached to the
permittee's vessel shall be marked by a pole with a radar reflector.
The reflector shall be at least six feet above the surface of the
ocean and not less than 10 inches in any dimension except thickness.
The permittee's permit number shall be permanently affixed to at
least one buoy or float that is attached to the radar reflector
staff. The permit number shall be at least one and one-half inches in
height and all markings shall be at least one-quarter inch in width.

   (b) For the purposes of this article, "shark or swordfish gill net"
means a drift gill net of 14-inch or greater mesh size.
   (c) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 17.   SEC. 19.   Section 8574 of
the Fish and Game Code is amended to read:
   8574.  (a) Drift gill nets with mesh size less than 14 inches in
stretched mesh shall not be used to take shark and swordfish by
permittees operating under a drift gill net shark and swordfish
permit, and the permittee shall not have aboard the vessel or in the
water a drift gill net with mesh size less than 14 inches and more
than 8 inches in stretched mesh.
   (b) No permittee shall deploy a drift gill net of less than
14-inch mesh size at the time that the permittee has a shark or
swordfish gill net deployed.
   (c) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 18.   SEC. 20.   Section 8575 of
the Fish and Game Code is amended to read:
   8575.  (a) Drift gill nets used to take shark and swordfish under
the permit provided in this article shall not be used under the
following circumstances:
   (1) From May 1 through July 31, within six nautical miles
westerly, northerly, and easterly of the shoreline of San Miguel
Island between a line extending six nautical miles west magnetically
from Point Bennett and a line extending six nautical miles east
magnetically from Cardwell Point and within six nautical miles
westerly, northerly, and easterly of the shoreline of Santa Rosa
Island between a line extending six nautical miles west magnetically
from Sandy Point and a line extending six nautical miles east
magnetically from Skunk Point.
   (2) From May 1 through July 31, within 10 nautical miles westerly,
southerly, and easterly of the shoreline of San Miguel Island
between a line extending 10 nautical miles west magnetically from
Point Bennett and a line extending 10 nautical miles east
magnetically from Cardwell Point and within 10 nautical miles
westerly, southerly, and easterly of the shoreline of Santa Rosa
Island between a line extending 10 nautical miles west magnetically
from Sandy Point and a line extending 10 nautical miles east
magnetically from Skunk Point.
   (3) From May 1 through July 31, within a radius of 10 nautical
miles of the west end of San Nicolas Island.
   (4) From August 15 through September 30, in ocean waters bounded
as follows: beginning at Dana Point, Orange County, in a direct line
to Church Rock, Catalina Island; thence in a direct line to Point La
Jolla, San Diego County; and thence northwesterly along the mainland
shore to Dana Point.
   (5) From August 15 through September 30, in ocean waters within
six nautical miles of the coastline on the northerly and easterly
side of San Clemente Island, lying between a line extending six
nautical miles west magnetically from the extreme northerly end of
San Clemente Island to a line extending six nautical miles east
magnetically from Pyramid Head.
   (6) From December 15 through January 31, in ocean waters within 25
nautical miles of the mainland coastline.
   (b) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 19.   SEC. 21.   Section 8575.5 of
the Fish and Game Code is amended to read:
   8575.5.  (a) Drift gill nets used to take shark and swordfish
under the permit provided in this article shall not be used in the
following areas:
   (1) Within 12 nautical miles from the nearest point on the
mainland shore north of a line extending due west from Point
Arguello.
   (2) East of a line running from Point Reyes to Noonday Rock to the
westernmost point of Southeast Farallon Island to Pillar Point.
   (b) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 20.   SEC. 22.   Section 8576 of
the Fish and Game Code is amended to read:
                                                8576.  (a) Drift gill
nets shall not be used to take shark or swordfish from February 1 to
April 30, inclusive.
   (b) Drift gill nets shall not be used to take shark or swordfish
in ocean waters within 75 nautical miles from the mainland coastline
between the westerly extension of the California-Oregon boundary line
and the westerly extension of the United States-Republic of Mexico
boundary line from May 1 to August 14, inclusive.
   (c) Subdivisions (a) and (b) apply to any drift gill net used
pursuant to a permit issued under Section 8561 or 8681, except that
drift gill nets with a mesh size smaller than eight inches in
stretched mesh and twine size number 18, or the equivalent of this
twine size, or smaller, used pursuant to a permit issued under
Section 8681, may be used to take species of sharks other than
thresher shark, shortfin mako shark, and white shark during the
periods specified in subdivisions (a) and (b). However, during the
periods of time specified in subdivisions (a) and (b), not more than
two thresher sharks and two shortfin mako sharks may be possessed and
sold if taken incidentally in drift gill nets while fishing for
barracuda or white seabass and if at least 10 barracuda or five white
seabass are possessed and landed at the same time as the
incidentally taken thresher or shortfin mako shark. No thresher shark
or shortfin mako shark taken pursuant to this subdivision shall be
transferred to another vessel before landing the fish. Any vessel
possessing thresher or shortfin mako sharks pursuant to this section
shall not have any gill or trammel net aboard that is constructed
with a mesh size greater than eight inches in stretched mesh and
twine size greater than number 18, or the equivalent of a twine size
greater than number 18.
   (d) Notwithstanding the closure from May 1 to August 14,
inclusive, provided by subdivision (b), a permittee may land
swordfish or thresher shark taken in ocean waters more than 75
nautical miles from the mainland coastline in that period if, for
each landing during that closed period, the permittee signs a written
declaration under penalty of perjury that the fish landed were taken
more than 75 nautical miles from the mainland coastline. The
declaration shall be completed and signed before arrival at any port
in this state. Within 72 hours of the time of arrival, the permittee
shall deliver the declaration to the department.
   (e) If any person is convicted of falsely swearing a declaration
under subdivision (d), in addition to any other penalty prescribed by
law, the following penalties shall be imposed:
   (1) The fish landed shall be forfeited, or, if sold, the proceeds
from the sale shall be forfeited, pursuant to Sections 12159, 12160,
12161, and 12162.
   (2) All shark or swordfish gill nets possessed by the permittee
shall be seized and forfeited pursuant to Section 8630 or 12157.
   (f) From August 15 of the year of issue to January 31, inclusive,
of the following year, swordfish may be taken under a permit issued
pursuant to this article.
   (g) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 21.   SEC. 23.   Section 8576 is
added to the Fish and Game Code, to read:
   8576.  (a) A drift gill net with a mesh size smaller than eight
inches in stretched mesh and twine size number 18, or the equivalent
of this twine size, or smaller, used pursuant to a permit issued
under Section 8681, may be used to take species of sharks other than
thresher shark, shortfin mako shark, and white shark during the
periods of time from February 1 to April 30, inclusive, and from May
1 to August 14, inclusive. However, during these periods of time, not
more than two thresher sharks and two shortfin mako sharks may be
possessed and sold if taken incidentally in drift gill nets while
fishing for barracuda or white seabass and if at least 10 barracuda
or five white seabass are possessed and landed at the same time as
the incidentally taken thresher or shortfin mako shark. A thresher
shark or shortfin mako shark taken pursuant to this subdivision shall
not be transferred to another vessel before landing the fish. Any
vessel possessing thresher or shortfin mako sharks pursuant to this
section shall not have any gill or trammel net aboard that is
constructed with a mesh size greater than eight inches in stretched
mesh and twine size greater than number 18, or the equivalent of a
twine size greater than number 18.
   (b) A shark and swordfish permit issued pursuant to Section 8561
shall not be required for the taking of sharks pursuant to
subdivision (a).
   (c) This section shall become operative on February 1, 2015.
   SEC. 22.   SEC. 24.   Section 8576.5 of
the Fish and Game Code is amended to read:
   8576.5.  (a) Thresher shark taken with drift gill nets shall not
have the pelvic fin severed from the carcass until after the shark is
brought ashore.
   (b) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 23.   SEC. 25.   Section 8576.5 is
added to the Fish and Game Code, to read:
   8576.5.  (a) Thresher shark taken with gear authorized pursuant to
Section 8561.1 or taken incidentally with a drift gill net under a
permit issued pursuant to Section 8681 shall not have the pelvic fin
severed from the carcass until after the shark is brought ashore.
   (b) This section shall become operative on February 1, 2015.
   SEC. 24.   SEC. 26.   Section 8577 of
the Fish and Game Code is amended to read:
   8577.  (a) Notwithstanding Section 8394, the director may close
the drift gill net shark and swordfish fishery, the swordfish harpoon
fishery, or any area where either or both fisheries are conducted,
if, after a public hearing, the director determines the action is
necessary to protect the swordfish or thresher shark and bonito
(mako) shark resources.
   (b) The director shall reopen a fishery or any fishing areas
previously closed pursuant to this section if the director determines
that the conditions which necessitated the closure no longer exist.
   (c) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 25.   SEC. 27.   Section 8577 is
added to the Fish and Game Code, to read:
   8577.  (a) Notwithstanding Section 8394, the director may close
the shark and swordfish fishery, the swordfish harpoon fishery
authorized pursuant to Section 8394, or any area where either or both
fisheries are conducted, if, after a public hearing, the director
determines the action is necessary to protect the swordfish or
thresher shark and bonito (mako) shark resources.
   (b) The director shall reopen a fishery or any fishing areas
previously closed pursuant to this section if the director determines
that the conditions that necessitated the closure no longer exist.
   (c) This section shall become operative on February 1, 2015.
   SEC. 26.   SEC. 28.   Section 8579 of
the Fish and Game Code is amended to read:
   8579.  (a) A permittee shall be subject to the provisions of this
article whenever the permittee is using a drift gill net, unless the
permittee has surrendered his or her permit to the department. A
permittee may surrender his or her permit by notifying the department'
s Long Beach office of his or her intentions by telegram or certified
letter and by sending or delivering his or her permit to a
department office. A permittee may reclaim his or her permit at any
time during regular working hours, if the permit has not been
suspended or revoked.
   (b) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 27.   SEC. 29.  Section 8579 is
added to the Fish and Game Code, to read:
   8579.  (a) A permittee shall be subject to the provisions of this
article whenever the permittee is using a gear authorized pursuant to
Section 8561.1, unless the permittee has surrendered his or her
permit to the department. A permittee may surrender his or her permit
by notifying the department's Long Beach office of his or her
intentions by telegram or certified letter and by sending or
delivering his or her permit to a department office. A permittee may
reclaim his or her permit at any time during regular working hours,
if the permit has not been suspended or revoked.
   (b) This section shall become operative on February 1, 2015.
   SEC. 28.   SEC. 30.   Section 8582 of
the Fish and Game Code is amended to read:
   8582.  (a) The Legislature finds and declares that the intent of
this article is not to permit or encourage the taking of marlin for
commercial purposes.
   (b) It shall be a misdemeanor for any person operating under a
permit pursuant to this article to sell or possess for sale or
personal use any marlin. In the event a marlin is taken incidentally
in a drift gill net, the permittee shall notify the department
immediately that the fish is on the boat. No marlin may be removed
from the boat except for delivery to the department.
   (c) This section shall become inoperative on February 1, 2015,
and, as of January 1, 2016, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2016, deletes
or extends the dates on which it becomes inoperative and is
repealed.
   SEC. 29.   SEC. 31.   Section 8582 is
added to the Fish and Game Code, to read:
   8582.  (a) The Legislature finds and declares that the intent of
this article is not to permit or encourage the taking of marlin for
commercial purposes.
   (b) It shall be a misdemeanor for a person operating under a
permit issued pursuant to this article to sell or possess for sale or
personal use any marlin. In the event a marlin is taken incidentally
with gear authorized pursuant to this article, the permittee shall
notify the department immediately that the fish is on the boat. A
marlin shall not be removed from the boat except for delivery to the
department.
   (c)  This section shall become operative on February 1, 2015.
   SEC. 30.   SEC. 32.   The provisions of
this act are severable. If any provision of this act or its
application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the
invalid provision or application.
   SEC. 31.   SEC. 33.   No reimbursement
is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.