BILL NUMBER: SB 21	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2010
	AMENDED IN ASSEMBLY  JUNE 10, 2010
	AMENDED IN SENATE  JANUARY 25, 2010
	AMENDED IN SENATE  MARCH 25, 2009

INTRODUCED BY   Senator Simitian

                        DECEMBER 1, 2008

   An act to add Section 5523 to the Fish and Game Code, relating to
fishing.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 21, as amended, Simitian. Fishing gear.
    Existing law grants to the Fish and Game Commission
powers relating to the protection and propagation of fish and game.
Existing 
    Existing law  establishes the Department of Fish and
Game in the Resources Agency, and generally charges the department
with the administration and enforcement of the Fish and Game Code.
The department administers a commercial fishing licensing program and
carries out various other functions relating to fishing. Existing
law 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.
   This bill would require the department, by January 1, 2012, to
include on all  commercial  fishing licenses and in all
appropriate official brochures any toll-free telephone number or
numbers, if available, for the purpose of reporting derelict fishing
gear and any address or addresses, if available, for Internet Web
sites that maintain a reporting system for derelict fishing gear. The
bill would authorize the council to develop recommendations for the
identification, removal, and disposal of derelict fishing gear and
procedures that enable fishermen and fisheries to voluntarily
 ,  recover, remove, and keep derelict fishing gear.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Ocean-based sources are a significant source of plastic marine
debris, including lost and abandoned "derelict" fishing gear that
can be dangerous to wildlife, boaters, and divers.
   (b) Fishing gear such as  commercial and recreational
 nets, lines, traps, pots, and other fishing equipment that
is lost or abandoned may continue to catch marine organisms long
after the gear is lost and may threaten sensitive marine habitats and
ecosystems.
   (c) "Ghost fishing," where marine animals are trapped in lost or
abandoned nets or traps, is a leading cause of marine mammal deaths
each year.
   (d) Lost or abandoned nets and gear have been found to drift
thousands of miles trapping and killing fish, turtles, seabirds, and
other marine life.
   (e) Marine debris such as derelict fishing gear has adversely
impacted at least 267 species worldwide through ingestion and
entanglement.
   (f) Fishing nets and fishing gear are often made from synthetic
materials that either take a long time to degrade or may never
degrade.
   (g) Lost fishing gear poses a hazard and economic burden for
boaters and fishing operations and is a safety hazard for surfers,
swimmers, and divers.
   (h) The economic impact of "ghost fishing" of fish and marine
invertebrates costs fishermen thousands of dollars in lost seafood
revenue. These costs can continue to increase and valuable seafood is
wasted year after year as the derelict fishing gear continues to
ghost fish.
   (i) The California Lost Fishing Gear Recovery Project 
administered by the SeaDoc Society at the University of California at
Davis  has developed a strategy to address derelict fishing
gear by working cooperatively with fishermen and local leaders for
the recovery of gear and the prevention of further gear losses.
Through a pilot program for gear removal, the recovery project
retrieved nearly 10 tons of gear from around the Channel Islands in
May 2006.
   (j) Awareness about the problems caused by derelict fishing gear
should be increased statewide through education, outreach, and
government-industry partnerships.
  SEC. 2.  Section 5523 is added to the Fish and Game Code, to read:
   5523.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "Council" means the Ocean Protection Council established
pursuant to Section 35600 of the Public Resources Code.
   (2) "Derelict fishing gear" means lost or abandoned fishing nets,
fishing lines, and other commercial  and recreational
 fishing equipment, and does not include lost or abandoned
vessels.
   (3) "Fishing gear" means fishing nets, fishing lines, and other
commercial  and recreational  fishing equipment.
   (b) The department, on or before January 1, 2012, shall include
the following information on all  commercial  fishing
licenses and in all appropriate official brochures:
   (1) Any toll-free telephone number or numbers, if available, for
the purpose of reporting derelict fishing gear.
   (2) Any address or addresses, if available, for Internet Web sites
that maintain a reporting system for derelict fishing gear.
   (c) The council, in conjunction with the Dungeness crab task
force, may develop recommendations for the identification, removal,
and disposal of derelict fishing gear, including  , but not
limited to,  recommendations for tagging fishing gear to aid in
the identification of the source of derelict fishing gear.
   (d) The council may develop procedures that enable fishermen to
voluntarily recover, remove, and keep on board derelict fishing gear
encountered during the course of normal fishing activities, rather
than return the recovered derelict fishing gear back to the ocean.
These procedures should include a broad approach to address voluntary
derelict fishing gear removal for as many fisheries as is
reasonable, rather than an approach that treats every fishery
individually.