Fishing: ropeless fishing gear.

Existing law vests the Department of Fish and Wildlife, which is administered by the Director of Fish and Wildlife, with the authority to adopt regulations necessary to carry out the provisions of the Fish and Game Code. Existing law creates the Fish and Game Commission and delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles. Under existing law, a violation of the Fish and Game Code is a crime. This bill would require, on or before November 1, 2025, ropeless fishing gear, as determined by the department, to be used when fishing in a national marine sanctuary and taking any species of fish for commercial or recreational purposes in any trap fishery, upon implementation of this requirement by the department and commission. The bill would require the department and the commission to promulgate regulations to implement the above requirement, including establishing a public process to certify fishing gear as ropeless and defining ropeless fishing gear as including only gear in which there is no static vertical buoy line. The bill would authorize the director to extend the November 1, 2025, implementation deadline for the above requirement by up to 2 years, by making findings that suitable ropeless fishing gear is not yet commercially available, as specified. The bill would specify when ropeless fishing gear is not required to be used, including for traps used for scientific or management purposes, traps set in freshwater, traps set from piers or from shore, or traps used to take minnow in tidewaters. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The bill would require the department to work with the fishing industry, ropeless fishing gear manufacturers, and other relevant stakeholders to promote the expeditious testing, refinement, manufacture, and adoption of ropeless fishing gear for trap fisheries. The bill would require the department to carry out testing and demonstration of ropeless fishing gear for certain fisheries. The bill would require, on or before July 1, 2022, and annually thereafter until the above requirement is implemented, the department to issue a publicly available report on the commercial availability of suitable ropeless fishing gear and the department's efforts to test and promote its use, and to provide copies to the appropriate legislative committees. The bill would make various conforming changes. The bill would make findings and declarations related to the necessity of ropeless fishing gear. 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.