Commercial fishing: drift gill net shark and swordfish fishery.

(1) Existing law prohibits a person from using or operating, or assisting in using or operating, a boat, aircraft, net, trap, line, or other appliance to take fish or amphibia for commercial purposes unless the person holds a commercial fishing license issued by the Department of Fish and Wildlife. Existing law prohibits the taking of shark and swordfish for commercial purposes with drift gill nets except under a valid drift gill net shark and swordfish permit issued to that person that has not been suspended or revoked and is issued to at least one person aboard the boat, except as provided. Existing law prohibits a person from taking shark and swordfish under a drift gill net permit during certain times of the year and in certain locations. Under existing law, a violation of these provisions is a crime. This bill would enact the Swordfish Fishery Sustainability and Marine Wildlife Conservation Act and would prohibit a person from using a drift gill net to take shark and swordfish for commercial purposes, except as provided. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. The bill would recast the drift gill net shark and swordfish permit as the shark and swordfish permit and would authorize a person to take shark and swordfish under this permit using only specified methods of take, including hand-held hook and line and handthrusted harpoon. The bill would eliminate time and area restrictions for taking shark and swordfish. The bill would require the department to issue a shark and swordfish permit to a person who holds a valid drift gill net shark and swordfish permit as of January 31, 2015. The bill would make additional conforming changes. The bill would make these provisions operative on February 1, 2015. This bill would require the State of California, in all relevant state and federal proceedings, to support a prohibition of drift gill nets targeting shark and swordfish and to oppose the transfer of state permitting authority over the shark and swordfish fishery to the federal government. This bill would provide that the provisions of this act are severable. (2) 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.