California Legislature—2013–14 Regular Session

Assembly Bill No. 2019

Introduced by Assembly Members Fong and Levine

(Principal coauthor: Assembly Member Stone)

(Coauthor: Assembly Member Rendon)

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 introduced, 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 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 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.

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.  

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.  begin delete Drift Gill Net end delete Shark and Swordfish Fishery

 

SEC. 2.  

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.

begin insert

(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.

end insert

SEC. 3.  

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:

(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) This section shall become operative on February 1, 2015.

SEC. 4.  

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 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. 6.  

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 begin delete Game end delete begin insert Wildlife end insert , Headquarters Office,
Sacramento, and shall contain such information as the director
may require. Any denial of the substitution may be appealed to
the commission.

begin insert

(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.

end insert

SEC. 7.  

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.  

Section 8564 of the Fish and Game Code is amended
to read:

8564.  

begin insert (a) end insert begin insert   end insert 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:

begin delete

(a)

end delete

begin insert ( end insert begin insert 1) end insert  One transfer requested between February 1 and April 30
shall be made by the department upon request and payment of the
fee.

begin delete

(b)

end delete

begin insert ( end insert begin insert 2) end insert  Any transfer, except as provided in begin delete subdivision (a), end delete
begin insert paragraph (1), end insert 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.

begin insert

(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.

end insert

SEC. 9.  

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.  

Section 8567 of the Fish and Game Code is amended
to read:

8567.  

begin insert (a) end insert begin insert   end insert The fee for a drift gill net shark and swordfish permit
shall be three hundred thirty dollars ($330).

begin insert

(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.

end insert

SEC. 11.  

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) This section shall become operative on February 1, 2015.

SEC. 12.  

Section 8568 of the Fish and Game Code is amended
to read:

8568.  

begin insert (a) end insert begin insert   end insert 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:

begin delete

(a)

end delete

begin insert ( end insert begin insert 1) end insert  Possesses a valid permit for the use of gill nets authorized
pursuant to Section 8681.

begin delete

(b)

end delete

begin insert ( end insert begin insert 2) end insert  Possessed a valid drift gill net shark and swordfish permit
during the preceding season and that permit was not subsequently
revoked.

begin insert

(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.

end insert

SEC. 13.  

Section 8568.5 of the Fish and Game Code is
amended to read:

8568.5.  

begin insert (a) end insert begin insert   end insert 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.

begin insert

(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.

end insert

SEC. 14.  

Section 8569 of the Fish and Game Code is amended
to read:

8569.  

begin insert (a) end insert begin insert   end insert 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.

begin insert

(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.

end insert

SEC. 15.  

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.  

Section 8573 of the Fish and Game Code is amended
to read:

8573.  

begin insert (a) end insert begin insert   end insert 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:

begin delete

(a)

end delete

begin insert ( end insert begin insert 1) end insert  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.

begin delete

(b)  (1)

end delete

begin insert (2) end insert begin insert   end insert begin insert (A) end insert  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.

begin delete

(2)

end delete

begin insert ( end insert begin insert B) end insert  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 begin delete paragraph (1) end delete
begin insert subparagraph ( end insert begin insert A) end insert .

begin delete

(3)

end delete

begin insert ( end insert begin insert C) end insert  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.

begin delete

(4)

end delete

begin insert ( end insert begin insert D) end insert  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.

begin delete

(c)

end delete

begin insert ( end insert begin insert 3) end insert  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.

begin delete

(d)

end delete

begin insert ( end insert begin insert b) end insert  For the purposes of this article, “shark or swordfish gill net”
means a drift gill net of 14-inch or greater mesh size.

begin insert

(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.

end insert

SEC. 17.  

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.

begin insert

(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.

end insert

SEC. 18.  

Section 8575 of the Fish and Game Code is amended
to read:

8575.  

begin insert (a) end insert begin insert   end insert Drift gill nets used to take shark and swordfish under
the permit provided in this article shall not be used under the
following circumstances:

begin delete

(a)

end delete

begin insert ( end insert begin insert 1) end insert  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.

begin delete

(b)

end delete

begin insert ( end insert begin insert 2) end insert  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.

begin delete

(c)

end delete

begin insert ( end insert begin insert 3) end insert  From May 1 through July 31, within a radius of 10 nautical
miles of the west end of San Nicolas Island.

begin delete

(d)

end delete

begin insert ( end insert begin insert 4) end insert  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.

begin delete

(e)

end delete

begin insert ( end insert begin insert 5) end insert  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.

begin delete

(f)

end delete

begin insert ( end insert begin insert 6) end insert  From December 15 through January 31, in ocean waters
within 25 nautical miles of the mainland coastline.

begin insert

(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.

end insert

SEC. 19.  

Section 8575.5 of the Fish and Game Code is
amended to read:

8575.5.  

begin insert (a) end insert begin insert   end insert Drift gill nets used to take shark and swordfish
under the permit provided in this article shall not be used in the
following areas:

begin delete

(a)

end delete

begin insert ( end insert begin insert 1) end insert  Within 12 nautical miles from the nearest point on the
mainland shore north of a line extending due west from Point
Arguello.

begin delete

(b)

end delete

begin insert ( end insert begin insert 2) end insert  East of a line running from Point Reyes to Noonday Rock
to the westernmost point of Southeast Farallon Island to Pillar
Point.

begin insert

(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.

end insert

SEC. 20.  

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.

begin insert

(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.

end insert

SEC. 21.  

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.  

Section 8576.5 of the Fish and Game Code is
amended to read:

8576.5.  

begin insert (a) end insert begin insert   end insert Thresher shark taken with drift gill nets shall not
have the pelvic fin severed from the carcass until after the shark
is brought ashore.

begin insert

(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.

end insert

SEC. 23.  

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.  

Section 8577 of the Fish and Game Code is amended
to read:

8577.  

begin insert (a) end insert begin insert   end insert 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.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert 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.

begin insert

(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.

end insert

SEC. 25.  

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.  

Section 8579 of the Fish and Game Code is amended
to read:

8579.  

begin insert (a) end insert begin insert   end insert 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.

begin insert

(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.

end insert

SEC. 27.  

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.  

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.

begin insert

(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.

end insert

SEC. 29.  

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.  

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.  

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.