Fish: commercial fishing.

(1) Existing law establishes the Department of Fish and Wildlife in the Natural Resources Agency. Existing law generally regulates commercial fishing. 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 a crime. This bill would authorize the department to adopt and enforce regulations to require any commercial fishing vessel operating with a validly issued permit from the state to carry an independent third-party observer onboard the vessel while operating within state fisheries. By expanding the scope of a crime, the bill would impose a state-mandated local program. (2) Existing law prohibits the taking of giant seabass (Stereolepis gigas) for any purpose, except as provided, including that not more than one fish per vessel may be possessed or sold if taken incidentally in commercial fishing operations by gill or trammel net. This bill would delete the incidental take exception to the prohibition on the taking of giant seabass. By expanding the scope of a crime, the bill would impose a state-mandated local program. (3) Existing law prohibits the taking of white sharks (Carcharodon carcharias) for commercial purposes, except as specified. Existing law authorizes the incidental take of white sharks by commercial fishing operations using set gill nets, drift gill nets, or roundhaul nets. This bill would delete the above-described authorization and thereby prohibit the incidental take of white sharks by commercial fishing operations using set gill nets, drift gill nets, or roundhaul nets. By expanding the scope of a crime, the bill would impose a state-mandated local program. (4) Existing law prohibits the use of gill nets or trammel nets used for commercial purposes except under a revocable, nontransferable permit issued by the Department of Fish and Wildlife. Existing law prohibits the department from issuing any new gill net or trammel net permit. Existing law authorizes the department to renew an existing gill net or trammel permit. Existing law authorizes a person who has a valid, existing permit to transfer the permit to any existing person, as specified. This bill would prohibit the department from renewing an existing, valid gill net or trammel net permit for anyone other than the person whose name appears on the permit. The bill would prohibit any transfer of an existing, valid gill net or trammel net permit. (5) Existing law establishes the Marine Resources Protection Zone, as specified, and prohibits, on and after January 1, 1994, gill nets and trammel nets from being used in the zone. This bill, on and after January 1, 2025, would apply that prohibition to all ocean waters of the state. By expanding the scope of a crime, the bill would impose a state-mandated local program. (6) 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.