Amended
IN
Assembly
April 23, 2014 |
Introduced by Assembly Members Fong and Levine (Principal coauthor: Assembly Member Stone) |
February 20, 2014 |
(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)
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.
(b)
(b)