Marine fisheries: experimental fishing permits.

(1) Existing law, enacted as part of the Marine Life Management Act of 1998, generally establishes a comprehensive plan for the management of marine living resources. Existing law requires the Department of Fish and Wildlife to develop, and submit to the Fish and Game Commission for its approval, a fishery management master plan, and provides for the preparation and approval of fishery management plans, which form the primary basis for managing California's sport and commercial marine fisheries. Existing law declares various state policies with regard to the management of fishery resources. Existing law authorizes the department to issue permits, subject to restrictions and regulations that the department determines are desirable, to take or possess, in any part of the state, for scientific, educational, or propagation purposes, mammals, birds and the nests and eggs thereof, fish, amphibians, reptiles, or any other form of plant or animal life. Existing law requires the commission to encourage the development of new types of commercial fishing gear and new methods of using existing commercial fishing gear by approving permits, known as experimental gear permits, to be issued by the department, consistent with specified policies, for that development or use, subject to certain restrictions. This bill would repeal these experimental gear permit provisions and instead would authorize the commission to approve experimental fishing permits to be issued by the department for specified purposes that would authorize commercial or recreational marine fishing activity otherwise prohibited by the Fish and Game Code or regulations adopted pursuant to that code. The bill would provide that an experimental fishing permit is subject to certain requirements, including a requirement that activities conducted under the permit be consistent with specified policies enacted as part of the Marine Life Management Act of 1998 and any applicable fishery management plan and a requirement that the permit be subject to certain commission conditions. The bill would require the department to post, and annually update, information regarding approved experimental fishing permits, as specified, on its Internet Web site. The bill would require the department, on or before January 1, 2025, and every 5 years thereafter, to report to the appropriate legislative committees summarizing the benefits of the experimental fishing permit program, as specified. The bill would authorize the commission to charge a permit fee, as prescribed. The bill would make conforming changes. (2) Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under the code, is generally a misdemeanor. Because a violation of the terms of an experimental fishing permit would be a crime, this bill would impose a state-mandated local program. 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.