(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 groupâs activities and other administrative expenses. (8) A recognition of locally negotiated agreements
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