(a)
(1)The California Offshore Wind Energy Fisheries Working Group is hereby established. The working group shall be composed of representatives of the commission, the Department of Fish and Wildlife, the State Lands Commission, the Ocean Protection Council, representatives of the commercial and recreational fishing industries, the offshore wind energy industry, representatives of relevant federal agencies, representatives of California Native American tribes with affected tribal fisheries, and other stakeholders as appropriate, as determined by the commission.
(2)The number of representatives in the working group representing the commercial and recreational fishing industries, the offshore wind energy industry, California
Native American tribes with affected tribal fisheries, and
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(a)
(1)
The California Offshore Wind Energy Fisheries Working Group is hereby established. The working group shall be composed of representatives of the commission, the Department of Fish and Wildlife, the State Lands Commission, the Ocean Protection Council, representatives of the commercial and recreational fishing industries, the offshore wind energy industry, representatives of relevant federal agencies, representatives of California Native American tribes with affected tribal fisheries, and other stakeholders as appropriate, as determined by the commission.
(2)
The number of representatives in the working group representing the commercial and recreational fishing industries, the offshore wind energy industry, California
Native American tribes with affected tribal fisheries, and any other stakeholders included in the working group, as specified in paragraph (1), shall be determined by the commission.
(b)
On or before January 1, 2025, the commission, in coordination with the Department of Fish and Wildlife, shall convene the working group for the purpose of developing a statewide strategy for ensuring that offshore wind energy projects avoid and minimize impacts to ocean fisheries to the maximum extent possible, avoid, minimize, and mitigate impacts to fishing and fisheries in a manner that prioritizes fishery productivity, viability, and long-term resilience, and fairly and reasonably compensate persons engaged in the commercial and recreational fishing industries and tribal fisheries for economic impacts to ocean fisheries resulting from offshore wind energy projects.
(c)
The statewide strategy
developed pursuant to this section shall include best practices for addressing impacts to the commercial and recreational fishing industries, tribal fisheries, and environmental resources associated with offshore wind energy projects, including, but not limited to, the following:
(1)
Protocols for communication among impacted parties.
(2)
A methodology for a comprehensive project-level socioeconomic analysis of direct and indirect impacts to commercial and recreational fishing industries and tribal fisheries.
(3)
Best practices for offshore surveys and data collection to assess impacts.
(4)
Best practices for avoidance and minimization of impacts, including the use of evidence-informed adaptive management.
(5)
A template for a fishing agreement that includes all relevant elements of the statewide strategy.
(6)
A template for an agreement addressing tribal fishing interests that includes all relevant elements of the statewide strategy.
(7)
(A)
A framework for reasonable compensatory mitigation for unavoidable impacts to the commercial and recreational fishing industries and tribal fisheries.
(B)
The framework for reasonable compensatory mitigation shall include a payment structure to reasonably compensate commercial, tribal, and recreational fisheries and impacted commercial fish processors for unavoidable impacts associated with offshore wind energy projects, including for all of the following:
(i)
Investments in fleet improvements to promote resiliency.
(ii)
Reasonable compensation for the commercial fishing industry for personal property losses caused by offshore wind energy projects. The working group shall ensure that payments for purposes of this clause provide sufficient funds for the entire lifetime of the offshore wind energy project to reasonably compensate the commercial fishing industry for all lost personal property.
(iii)
Reasonable compensation for lost commercial and tribal revenue due to reduced fishing grounds.
(iv)
Funding for robust monitoring and evaluation of offshore wind turbines and their impact on fisheries and the surrounding environment.
(v)
A proportionate
amount from each lessee that is sufficient to cover state costs pursuant to this section, including, but not limited to, the costs of the working group’s activities and other administrative expenses.
(8)
A recognition of locally negotiated agreements between the fishing industry and offshore wind energy leaseholders.
(d)
(1)
The working group shall complete the statewide strategy, including the framework for reasonable compensatory mitigation for unavoidable impacts, on or before January 1, 2026.
(2)
The commission shall review for consistency with Chapter 3 (commencing with Section 30200), modify as necessary, and adopt, the statewide strategy, including the framework for reasonable compensatory mitigation for unavoidable impacts, on or before May 1, 2026.
(3)
(A)
An applicant seeking approval or concurrence from a state agency for an offshore wind energy project shall comply with the terms, recommendations, and best practices established in the statewide strategy, as adopted by the commission.
(B)
The commission shall ensure that the terms, recommendations, and best practices established in the statewide strategy, as adopted by the commission, are implemented.
(4)
The commission shall review the statewide strategy as needed to determine if any changes are necessary. At a regularly noticed public hearing, the commission shall present the outcome of any review pursuant to this paragraph and may, by resolution, authorize the reconvening of the working group.
(e)
Representatives of the
commercial fishing industry, recreational fishing industry, and California Native American tribes who participate in the working group shall be compensated for expenses reasonably incurred for approved working group activities, including attendance at meetings, at a rate of fifty dollars ($50) per hour, up to no more than five hundred dollars ($500) per day. Representatives of the commercial fishing industry, recreational fishing industry, and California Native American tribes may also receive reimbursement for reasonable travel expenses. Funds used to compensate representatives of the commercial fishing industry, recreational fishing industry, and California Native American tribes pursuant to this subdivision shall be paid from the Offshore Wind Energy Resiliency Fund to the extent funds are available pursuant to subdivision (b) of Section 7100.