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AB-2570 Gill and trammel nets.(1999-2000)

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AB2570:v97#DOCUMENT

Amended  IN  Senate  June 20, 2000
Amended  IN  Senate  August 07, 2000

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 2570

Introduced  by  Assembly Member Maldonado
 (Principal Coauthor(s): Assembly Member Lempert)
 (Principal Coauthor(s): Senator O'Connell)
 (Coauthor(s): Senator McPherson)

February 25, 2000

An act to amend Sections 8664.5 and 8664.7 of, and to add Section 8664.9 to, the Fish and Game Code, relating to commercial fishing, and making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 2570, as amended, Maldonado. Gill and trammel nets.
(1) Existing law generally prohibits the use of gill nets and trammel nets in that portion of District 18 north of a line extending due west from Point Sal in Santa Barbara County in waters 30 fathoms or less in depth at mean lower low water. Existing law also requires any person using gill nets or trammel nets in those portions of District 17 and 18 from a line extending 220° magnetic from the mouth of Waddell Creek in Santa Cruz County to a line extending due west from Point Sal in Santa Barbara County in waters between 30 fathoms and 40 fathoms in depth at mean lower low water to comply with specified requirements in order to ensure adequate monitoring of fishing effort to protect marine mammals.
This bill would permit the use of gill nets and trammel nets from Point Arguello to Point Sal in those portions of Districts 17 and 18 from a line extending 220° magnetic from the mouth of Waddell Creek in Santa Cruz County to a line extending due west from Point Arguello in Santa Barbara County in waters less than 40 fathoms in depth at mean lower low water, subject to specified existing requirements.

This bill would also require the Department of Fish and Game to develop a program for the use of departmental observers to monitor the use of gill nets and trammel nets in that area.

The bill would also authorize the Director of Fish and Game to prohibit the use of gill nets and trammel nets in the portion of those waters less than 30 fathoms, if an employee or agent of the department observes or becomes aware of the death of a sea otter caused by those nets.
(2) Existing law generally makes any violation of the Fish and Game Code a misdemeanor, except as otherwise expressly provided in that code. By changing the boundaries within which the prohibition would apply, the bill would create a new crime, thereby imposing a state-mandated local program.
The bill also would correct an erroneous cross reference.
(3) Existing law continuously appropriates the money in the Fish and Game Preservation Fund to the department to carry out the Fish and Game Code.
This bill, by increasing the duties of the department, would result in the appropriation of funds from a continuously appropriated fund. (4) 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.
(5) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8664.5 of the Fish and Game Code is amended to read:

8664.5.
 (a) Notwithstanding Sections 8693 and 8724, gill nets and trammel nets shall not be used in those portions of District 17 between a line extending 220° magnetic from the mouth of Waddell Creek in Santa Cruz County and a line extending 252° magnetic from Yankee Point, Carmel Highlands, in Monterey County in waters 30 fathoms or less in depth at mean lower low water.
(b) Notwithstanding Sections 8693 and 8724, gill nets and trammel nets shall not be used in that portion of District 18 north of a line extending due west from Point Sal in Santa Barbara County in waters 30 fathoms or less in depth at mean lower low water.
(c) Notwithstanding Sections 8693 and 8724, any person using gill nets or trammel nets in those portions of Districts 17 and 18 from a line extending 220° magnetic from the mouth of Waddell Creek in Santa Cruz County to a line extending due west from Point Arguello in Santa Barbara County in waters between 30 fathoms and less than 40 fathoms in depth at mean lower low water shall comply with all of the following requirements in order to ensure adequate monitoring of fishing effort to protect marine mammals:
(1) Prior to the use, the person shall notify the department that gill nets or trammel nets will be set in the area.
(2) The person shall give adequate notification, as determined by the department, to the department at its office in Monterey or Morro Bay at least 24 hours prior to each fishing trip to ensure full compliance and cooperation with the monitoring program. The department may require that an authorized monitor be on board the vessel. The department shall determine whether on board, at sea, or shoreside monitoring is appropriate. If the authorized monitor is not on board the fishing vessel, the fishing vessel operator and the authorized monitor shall make every effort to remain in radio contact if the radio equipment is made available to the monitor.
(3) To ensure the effectiveness of the monitoring program, gill nets and trammel nets may be set or pulled only between one-half hour after sunrise and one-half hour before sunset.
(4) A permit may be revoked and canceled pursuant to Section 8681 for failure to comply with the department’s notification and monitoring requirements.
(d) If the director determines that the use of gill or trammel nets is having an adverse impact on any population of any species of seabird, marine mammal, or fish, the director shall issue an order prohibiting or restricting the use, method of use, size, or materials used in the construction of either or both types of those nets in all or any part of District 10 or 17, or in all or any part of District 18 north of a line extending due west from Point Conception in Santa Barbara County for a specified period. The order shall take effect no later than 48 hours after its issuance. The director shall hold a properly noticed public hearing in a place convenient to the affected area within one week of the effective date of the order to describe the action taken and shall take testimony as to the effect of the order and determine whether any modification of the order is necessary.
(e) For purposes of this section, “adverse impact” means either of the following:
(1) The danger of irreparable injury to, or mortality in, any population of any species of seabird, marine mammal, or fish that is occurring at a rate that threatens the viability of the population as a direct result of the use of gill nets or trammel nets.
(2) The impairment of the recovery of a species listed as an endangered species or threatened species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3) or a species of seabird, marine mammal, or fish designated as fully protected under this code, as a direct result of the use of gill nets or trammel nets.
(f) If an employee or agent of the department observes or becomes aware of the death of a sea otter caused by a gill net or trammel net in the area described in the first paragraph of subdivision (c), the director may prohibit the use of gill nets and trammel nets in waters less than 30 fathoms in that area, consistent with existing prohibitions on the use of gill nets and trammel nets in the surrounding areas.
(g) This section does not apply to any gill net with meshes 31/2inches or less in length in any portion of District 18 between Yankee Point in Monterey County and Point Sal in Santa Barbara County.

(g)

(h) The Legislature finds and declares that this section, as amended by Chapter 884 of the Statutes of 1990, Chapter 94 of the Statutes of 1992, and as amended by the act that amended this section during the 2000 portion of the 1999–2000 Regular Session, is more restrictive on the use and possession of gill nets and trammel nets than the version of this section in effect on January 1, 1990, and therefore complies with Section 8610.4, and Section 4 of Article X B of the California Constitution.

SEC. 2.

 Section 8664.7 of the Fish and Game Code is amended to read:

8664.7.
 The initial period of effectiveness of an order issued pursuant to subdivision (d) of Section 8664.5 shall not exceed 120 days. After a further public hearing, the director may, on the basis of a report prepared by the department on the condition of the local population of any species of seabird, marine mammal, or fish, extend the order for a further specified period or reissue the order for a further specified period.

SEC. 3.Section 8664.9 is added to the Fish and Game Code, to read:
8664.9.

(a)Notwithstanding any other provision of law, gill nets and trammel nets may be used in that portion of District 18 north of a line extending due west from Point Arguello to a line extending due west from Point Sal in Santa Barbara County.

(b)The department shall develop a program for the use of departmental observers on board vessels to monitor the use of gill nets and trammel nets pursuant to subdivision (a).
SEC. 4.

SEC. 3.

 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.

SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to permit the use of gill nets and trammel nets in specified areas at the earliest possible time, it is necessary that this act take effect immediately.