(a)The Legislature hereby finds and declares all of the following:

(1)That fish and other marine life associated with ocean floor habitats within state waters constitute valuable and renewable natural resources. These natural resources are an essential component of marine biodiversity, contribute to the food supply, economy, and health of the people of California, support the economies of coastal communities, and provide recreational opportunities.

(2)The people of California are dependent upon healthy and diverse ocean ecosystems for livelihood, recreation, nutrition, medicines, raw materials, quality of life, and valuable natural processes.

(3)Diverse types of marine species and plants are found in marine habitats, many of which have not been adequately studied for their potential benefit to society or their ecological importance to fish species and other forms of marine life.

(4)Habitat complexity and marine biodiversity on the seafloor are essential to numerous fish species, including commercially and recreationally harvested species that rely on them for food and shelter from predation.

(5)The process of bottom trawling reduces habitat complexity and biological diversity.

(6)Bottom trawling is a wasteful and nonselective form of fishing that is marked by large bycatches, resulting in the death of nontargeted species essential to marine ecosystems.

(7)Numerous scientific studies show that bottom trawling has a deleterious impact on marine species, plants, and other organisms that live on or near the ocean floor or are dependent on those species, plants, or other organisms.

(8)Impacts on sandy bottom and more structurally complex marine environments may be long-term. Recovery of some of these areas to their natural state after trawling may take decades.

(9)It is the intent of the Legislature to promote sustainable fisheries and fishing practices that maintain healthy ocean habitat and limit bycatch to acceptable types and amounts, so that the long-term productivity of the resource is not sacrificed in favor of short-term gains.

(10)It is necessary to grant the commission authority over all state-managed bottom trawl fisheries, in order to ensure an orderly phaseout and transition to increased selectivity where feasible, and to provide ongoing oversight of bottom trawl vessels that demonstrate their compliance with the environmental standards of this section.

(11)Commercial fishermen and women who are displaced by reductions in the bottom trawl fisheries affected by this section should receive economic assistance to encourage a transition out of those fisheries.

(b)The commission is hereby granted authority to manage all bottom trawl fisheries not currently managed by the National Marine Fisheries Service, consistent with the requirements of this section and in accordance with the requirements of Part 1.7 (commencing with Section 7050), including, but not limited to, the following:

(1)Halibut.

(2)Sea cucumber.

(3)Ridge-back, spot and golden prawn.

(4)Pink shrimp.

(c)Notwithstanding any other provision of law, as of January 1, 2007, the department may not authorize the use of trawl nets to take fish or other marine life from the ocean floor, unless the commission determines, based on information gathered during the transition program and thereafter, or on information documented through the federal observer program or program of similarly qualified observers, that the trawl vessel meets all of the following requirements:

(1)Limits bycatch to a minimum and produces an average fish bycatch of less than 15 percent of the total catch by weight. For vessels participating in the program created by this section, any landed fish that are managed under a state or federal fishery management plan (FMP) and landed in compliance with that FMP shall be considered target species and not bycatch.

(2)Catches no more than 50 pounds of prohibited species per trip. Prohibited species, for the purpose of this part, means any species designated by the National Marine Fisheries Service or the State of California as overfished, and any species prohibited under California law.

(3)After allowing for sampling by an observer, if an observer is aboard, sorts its catch immediately after retrieval of the gear and returns all prohibited species or parts thereof to the sea immediately, with a minimum of injury, regardless of their condition, pursuant to guidance by the commission.

(4)Produces an average catch of structure-forming organisms or bottom habitat of less than 15 pounds per trip. As used in this section, “structure-forming organisms” means sessile invertebrates that create physical structures that are used by other organisms as habitat, including colonial bryozoans, hydroids, seapens, anemones, corals, and sponges. “Bottom habitat” includes rocks and boulders.

(5)Does not cause other significant environmental harm to the ocean floor. Significant environmental harm is presumed if the activity conflicts with habitat protection measures adopted by the California Fish and Game Commission, the Pacific Fishery Management Council, or National Marine Fisheries Service.

(6)Immediately stops fishing when any target, bycatch, or discard fishing quotas are reached, according to this section, and does not resume fishing until new quotas are available.

(7)Following the transition program, participates in an observer program that covers at least 20 percent of the annual trips, unless greater coverage is required under a federal or state program.

(d)The commission shall establish a transition program for bottom trawling ending on or before January 1, 2007. During that program, the commission shall facilitate the conversion of bottom trawlers to more sustainable gears, where that conversion will not contribute to overcapacity or overfishing.

(1)Bottom trawling during the transition period shall occur only under transitional trawl permits (TTPs) that meet the following conditions:

(A) On or before March 1, 2004, each TTP shall have a plan for gathering essential information, including amount and makeup of bycatch, the location of fishing effort, and habitat types, verified by an onboard observer.

(B)Each TTP shall have a plan for testing equipment or practices to limit bycatch to acceptable types and amounts, and shall carry an observer for all the time spent fishing during at least one two-month period before January 1, 2006.

(C)Use of roller gear more than 8 inches in diameter shall be prohibited.

(2)The department may discontinue an TTP at any time if fish bycatch is more than 15 percent of total catch by weight, or if catch of structure forming organisms or bottom habitat is more than 15 pounds per trip.

(e)After the transition program, the commission may issue a bottom trawl permit only to those vessels that meet the conditions in subdivision (c).

(f)The commission may specify, based on the information collected during the transition program, zones outside of which bottom trawlers may not fish.

(g)The commission shall establish a program to administer any available economic assistance for commercial fishermen and women who are adversely affected by restrictions on bottom trawling pursuant to this section. The program may include boat buybacks, financial assistance for the purchase of new equipment, loans, grants, and other assistance as the commission deems appropriate, subject to available funding.

(h)The commission is granted authority to establish fees to cover the cost of administering this section, including the cost of observers and collection and analysis of data.

(i)This section does not apply to either of the following:

(1)The use of trawl nets pursuant to a scientific research permit.

(2)The use of trawl nets to target midwater or pelagic fish in a manner in which the trawl nets and related gear do not contact the ocean floor.