(1) Existing law generally permits the use of trawl nets, as defined, for the taking of fish and other marine life, except as otherwise prohibited for specific species or in various areas of the state. Existing law specifically authorizes the taking of shrimps and sea cucumbers by use of a trawl net under a permit issued by the Department of Fish and Game.

This bill would grant the Fish and Game Commission authority over all state-managed bottom trawl fisheries not managed under a federal or state fishery management plan, and over other types of gear targeting the same species as those fisheries. The bill would subject every commercial bottom trawl vessel issued a state permit to the requirements and policies of the federal groundfish observer program. The bill would prohibit the commission from authorizing additional fishing areas for bottom trawls, unless the commission determines that adequate evidence establishes that additional fishing areas are sustainable, do not harm bottom habitat, and do not reasonably conflict with other users. The bill would prohibit the use of roller gear more than 8 inches in diameter, and commencing April 1, 2006, would make it unlawful to fish commercially for prawns or pink shrimp, unless an approved bycatch reduction device is used with each net. The bill would also make it unlawful to engage in bottom trawling in ocean waters of the state, except as otherwise specified. The bill would exempt from the provisions of the bill the use of trawl nets pursuant to a scientific research permit. The bill would require the commission to facilitate the conversion of bottom trawlers to gear that is more sustainable if the commission determines that conversion will not contribute to overcapacity or overfishing, and would prohibit the department from issuing new permits to bottom trawlers to replace those that are retired through a conversion program. The bill would require the commission and the department, as soon as practicable, but not later than May 1, 2005, to submit to the Pacific Fishery Management Council and the National Marine Fisheries Service a request for federal management measures for the pink shrimp fishery that the commission and the department determine are needed to reduce bycatch or protect habitat, to account for uncertainty, or to otherwise ensure consistency with federal groundfish management. The bill would also make it unlawful for any vessel to utilize bottom trawling gear without a state or federal permit.

The bill would require, commencing April 1, 2006, any vessel using bottom trawl gear in state-managed halibut fisheries to possess a halibut bottom trawl permit issued by the department that authorizes the use of trawl gear by that vessel for the take of California halibut. The bill would require, commencing with the 2006 permit year, a halibut bottom trawl vessel permit to be issued annually, and commencing with the 2007–08 season, would require an applicant to have previously held a valid California halibut bottom trawl vessel permit. The bill would prohibit the department from issuing a bottom trawl vessel permit for use in the halibut fishery unless that vessel has landed a minimum of 200 pounds of California halibut and reported that landing on fish tickets as being caught with bottom trawl gear within a specified timeframe. The bill would authorize those permits to be transferred in certain circumstances. The bill would require the commission to establish halibut bottom trawl vessel permit fees based on the recommendations of the department, and utilizing specified guidelines to cover the costs of administering the permit program, but would limit those fees to $1,000 per permit until a restricted access program is adopted. The bill would authorize individuals holding a federal groundfish trawl permit to retain and land up to 150 pounds of halibut per trip without a halibut trawl permit in accordance with federal and state regulations, including, but not limited to, regulations developed under a halibut fishery management plan. The bill would make all these provisions inoperative upon the adoption by the commission of a halibut fishery management plan, as specified.

(2) Existing law designates the ocean waters lying between one and 3 nautical miles from the mainland shore lying south and east of a line running due west (270° true) from Point Arguello and north and west of a line running due south (180° true) from Point Mugu as the California halibut trawl grounds.

This bill would, notwithstanding the designation of those areas as California halibut trawl grounds, prohibit the use of trawl gear for the take of fish in certain areas of the California halibut trawl grounds. The bill would, commencing April 1, 2008, close specified areas in the California halibut trawl grounds to trawling, unless the commission finds that a bottom trawl fishery for halibut minimizes bycatch, is likely not damaging seafloor habitat, is not adversely affecting ecosystem health, and is not impeding reasonable restoration of kelp, coral, or other biogenic habitats. The bill would require the commission to pay special attention in making that finding to areas where kelp and other biogenic habitats existed and where restoring those habitats is reasonably feasible, and to hard bottom areas and other substrate that may be particularly sensitive to bottom trawl impacts. The bill would also require the commission, every 3 years commencing January 1, 2008, to review information from the federal groundfish observer program and other available research and monitoring information it determines relevant, and to close any areas in the California halibut trawl grounds where it finds that the use of trawl gear does not minimize bycatch, is likely damaging seafloor habitat, is adversely affecting ecosystem health, or impedes reasonable restoration of kelp, coral, or other biogenic habitats. The bill would prohibit any trawl net that exceeds a certain entrance size, wing panel length, mesh size, or that uses trawl doors that exceed a certain weight from being used in the California halibut trawl grounds.

(3) Existing law also designates specified fish and game districts, including District 18, in which trawl nets may be used in waters not less than 3 nautical miles from the nearest point of land on the mainland shore, including those portions of Monterey Bay, Estero Bay, and San Luis Obispo Bay which lie within those districts. Existing law, notwithstanding that limited authority, authorizes the use of trawl nets, except midwater trawl nets in that portion of District 18 between a line running due west from Yankee Point and a line running due west from Point Sur in water not less than one nautical mile from the nearest point of land on the mainland shore.

This bill would repeal the additional authority relating to the use of trawl nets in those portions of District 18.

(4) Existing law authorizes the use of trawl nets of a design prescribed by the commission to be used or possessed to take shrimps or prawns under a permit issued by the department. Existing law makes it unlawful when fishing for pink shrimp under that permit to possess in excess of 1,500 pounds of incidentally taken fish per calendar day of a fishing trip, except as specified, and prohibits the possession or landing of specified amounts of other fish when fishing under that permit.

This bill would authorize trawling for shrimp or prawns only in those specified waters of Districts 6, 7, 10, 17, 18, and 19, but would authorize, until January 1, 2008, trawling not less than 2 miles from the nearest point of land on the mainland shore in certain other areas of those waters. The bill would authorize, commencing January 1, 2008, the taking of pink shrimp not less than 2 nautical miles from shore in those waters if the commission finds that, upon review of information from the federal groundfish observer program and other available research and monitoring information it determines relevant, the use of trawl gear minimizes bycatch, will not damage seafloor habitat, will not adversely affect ecosystem health, and will not impede reasonable restoration of kelp, coral, or other biogenic habitats.

(5) Existing law makes a violation of the Fish and Game Code a misdemeanor punishable by fine, imprisonment, or both.

By creating new crimes, this bill would impose a state-mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.