AB 1241

Article 17. Nearshore Fisheries Management Act

8585. This article shall be known and may be cited as the

Nearshore Fisheries Management Act.

8585.5. The Legislature finds and declares that important

commercial and recreational fisheries exist on numerous stocks of

rockfish (genus Sebastes), California sheephead (genus

Semicossyphus), kelp greenling (genus Hexagrammos), cabezon (genus

Scorpaenichthys), and scorpionfish (genus Scorpaens), in the

nearshore state waters extending from the shore to one nautical mile

offshore the California coast, that there is increasing pressure

being placed on these fish from recreational and commercial

fisheries, that many of these fish species found in the nearshore

waters are slow growing and long lived, and that, if depleted, many

of these species may take decades to rebuild. The Legislature

further finds and declares that, although extensive research has been

conducted on some of these species by state and federal governments,

there are many gaps in the information on these species and their

habitats and that there is no program currently adequate for the

systematic research, conservation, and management of nearshore fish

stocks and the sustainable activity of recreational and commercial

nearshore fisheries. The Legislature further finds and declares that

recreational fishing in California generates funds pursuant to the

Federal Aid in Sport Fish Restoration Act (16 U.S.C. Secs. 777 to

777l, inclusive), with revenues used for, among other things,

research, conservation, and management of nearshore fish. The

Legislature further finds and declares that a program for research

and conservation of nearshore fish species and their habitats is

needed, and that a management program for the nearshore fisheries is

necessary. The Legislature further finds and declares that the

commission should be granted additional authority to regulate the

commercial and recreational fisheries to assure the sustainable

populations of nearshore fish stocks. Lastly, the Legislature finds

and declares that, whenever feasible and practicable, it is the

policy of the state to assure sustainable commercial and recreational

nearshore fisheries, to protect recreational opportunities, and to

assure long-term employment in commercial and recreational fisheries.

8586. The following definitions govern the construction of this

article:

(a) "Nearshore fish stocks" means any of the following: rockfish

(genus Sebastes) for which size limits are established under this

article, California sheephead (Semicossyphus pulcher), greenlings of

the genus Hexagrammos, cabezon (Scorpaenichthys marmoratus),

scorpionfish (Scorpaensa quttata), and may include other species of

finfish found primarily in rocky reef or kelp habitat in nearshore

waters.

(b) "Nearshore fisheries" means the commercial or recreational

take or landing of any species of nearshore finfish stocks.

(c) "Nearshore waters" means the ocean waters of the state

extending from the shore to one nautical mile from land, including

one mile around offshore rocks and islands.

8586.1. Funding to pay the costs of this article shall be made

available from the revenues deposited in the Fish and Game

Preservation Fund pursuant to Sections 8587, 8589.5, and 8589.7, and

other funds appropriated for these purposes.

8587. Effective April 1, 1999, any person taking, possessing

aboard a boat, or landing any species of nearshore fish stock for

commercial purposes shall possess a valid nearshore fishing permit

issued to that person that has not been suspended or revoked. When

using a boat to take nearshore fish stocks at least one person aboard

the boat shall have a valid nearshore fishery permit. Nearshore

fishing permits are revocable. The fee for a nearshore fishing

permit is one hundred

and twenty five dollars ($125).

8587.1. (a) During the preparation and implementation of, and

post-adoption actions taken pursuant to the nearshore fisheries

management plan adopted pursuant to subdivision (d) of Section 7072,

the commission may do any of the following:

(1) Adopt regulations that make inoperative any statute or

regulation of the commission relevant to the nearshore fishery,

including, but not limited to, a statute or regulation that regulates

bag limits, and time, area, and methods of take of fish pursuant to

this article. Any regulation adopted by the commission pursuant to

this paragraph shall specify the particular statute or regulation of

the commission to be made inoperative.

(2) Adopt regulations governing take of fish that are not

presently regulated by statute or regulation of the commission.

(3) Adopt regulations governing take of fish that are presently

regulated by statute or regulation of the commission, but only if the

statutes or regulations are first made inoperative pursuant to this

paragraph for the effective period of the regulation adopted by the

commission pursuant to this paragraph, and only after consulting with

representatives of the affected fisheries.

(b) The circumstances, restrictions, and requirements of Section

219 do not apply to regulations adopted pursuant to paragraph (1) or

(3) of subdivision (a).

8587.2. (a) On or after January 1, 1999, the commission may adopt

such regulations as it determines necessary, based on the advice and

recommendations of the department, to regulate nearshore fish stocks

and fisheries.

(b) Any regulations adopted under this section shall be adopted

following consultation with fishery participants and other interested

persons, and following completion of the nearshore fisheries

management plan by the department and its adoption by the commission.

Regulations adopted by the commission may include, but are not

limited to, establishing restricted access areas, requiring submittal

of landing and permit information, including logbooks, regulating

fishing seasons, areas, and gear, and establishing interim harvest

guidelines for individual or multiple species and species groups of

nearshore fish stocks.

8588. (a) Notwithstanding any other provision of this code or any

regulation adopted by the commission, no fish listed under this

section taken pursuant to a commercial fishing license, shall be

possessed, sold, or purchased unless it exceeds the specified minimum

total length in the round or dressed with head on, as established

under subdivision (b), except that nearshore finfish taken in trawls

and landed dead are exempt from these size limits.

(b) The minimum size limits are as follows:

(1) Black and yellow rockfish

(Sebastes chrysomelas) ................ 10 in. or 254 mm

(2) Gopher rockfish

(Sebastes carnatus) ................... 10 in. or 254 mm

(3) Kelp rockfish

(Sebastes atrovirens) ................. 10 in. or 254 mm

(4) California scorpionfish or sculpin

(Scorpaena guttata) ................... 10 in. or 254 mm

(5) Greenlings of the Genus Hexagrammos

(Hexagrammos spp.) .................... 12 in. or 305 mm

(6) Brown rockfish

(Sebastes auriculatus) ................ 12 in. or 305 mm

(7) China rockfish

(Sebastes nebulosus) .................. 12 in. or 305 mm

(8) Grass rockfish

(Sebastes rastrelliger) ............... 12 in. or 305 mm

(9) California sheephead

(Semicossyphus pulcher) ............... 12 in. or 305 mm

(10) Cabezon

(Scorpaenichthys marmoratus) .......... 14 in. or 356 mm

(c) The commission may adopt regulations to modify the minimum

size limits or to specify maximum size limits based on the best

available scientific information.

(d) Regulations adopted by the commission pursuant to subdivision

(c) shall only be adopted following public notice and not less than

one public hearing.

(e) Any nearshore fish as defined in this article or in

regulations adopted by the commission pursuant to this section that

are taken in a nearshore fishery shall be measured immediately upon

being brought aboard the vessel and released immediately if not in

compliance with the size limits specified.

(f) This section shall remain in effect until the adoption of

regulations implementing a fishery management plan for nearshore fish

stocks by the commission, and as of that date, is repealed.

8589. Funding to prepare the plan pursuant to subdivision (d) of

Section 7072 and any planning and scoping meetings shall be derived

from moneys deposited in the Fish and Game Preservation Fund pursuant

to Section 8587 and other funds appropriated for these purposes.

8589.5. The commission shall temporarily suspend and may

permanently revoke the nearshore fishing permit of any person

convicted of a violation of this article. In addition to, or in lieu

of, a license or permit suspension or revocation, the commission may

adopt and apply a schedule of fines for convictions of violations of

this article.

8589.7. (a) Fees received by the department pursuant to Section

8587 shall be deposited in the Fish and Game Preservation Fund to be

used by the department to prepare, develop, and implement the

nearshore fisheries management plan and for the following purposes:

(1) For research and management of nearshore fish stocks and

nearshore habitat. For the purposes of this section, "research"

includes, but is not limited to, investigation, experimentation,

monitoring, and analysis and "management" means establishing and

maintaining a sustainable utilization.

(2) For supplementary funding of allocations for the enforcement

of statutes and regulations applicable to nearshore fish stocks,

including, but not limited to, the acquisition of special equipment

and the production and dissemination of printed materials, such as

pamphlets, booklets, and posters aimed at compliance with nearshore

fishing regulations.

(3) For the direction of volunteer groups assisting with nearshore

fish stocks and nearshore habitat management, for presentations of

related matters at scientific conferences and educational

institutions, and for publication of related material.

(b) The department shall maintain internal accounts that ensure

that the fees received pursuant to Section 8587 are disbursed for the

purposes stated in subdivision (a).

(c) The commission shall require an annual accounting from the

department on the deposits into, and expenditures from, the Fish and

Game Preservation Fund, as related to the revenues generated pursuant

to Section 8587. Notwithstanding Section 7550.5 of the Government

Code, a copy of the accounting shall be provided to the Legislature

for review by the Joint Committee on Fisheries and Aquaculture, and

if that committee is not in existence at the time, by the appropriate

policy committee in each house of the Legislature.

(d) Unencumbered fees collected pursuant to Section 8587 during

any previous calendar year shall remain in the fund and expended for

the purposes of subdivision (a). All interest and other earnings on

the fees received pursuant to Section 8587 shall be deposited in the

fund and shall be used for the purposes of subdivision (a).