|
Marine Life Management Act
BILL NUMBER: AB 1241 CHAPTERED
BILL TEXT
CHAPTER 1052
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1998
APPROVED BY GOVERNOR SEPTEMBER 30, 1998
PASSED THE ASSEMBLY AUGUST 28, 1998
PASSED THE SENATE AUGUST 27, 1998
AMENDED IN SENATE AUGUST 25, 1998
AMENDED IN SENATE AUGUST 13, 1998
AMENDED IN SENATE JULY 28, 1998
AMENDED IN SENATE JULY 7, 1998
AMENDED IN SENATE JUNE 3, 1998
AMENDED IN SENATE APRIL 15, 1998
AMENDED IN ASSEMBLY JANUARY 28, 1998
AMENDED IN ASSEMBLY JANUARY 16, 1998
AMENDED IN ASSEMBLY JANUARY 5, 1998
INTRODUCED BY Assembly Member Keeley
(Principal coauthor: Senator Thompson)
(Coauthors: Assembly Members Bowen, Cardoza, Honda, Kuehl,
Lempert, Torlakson, and Wayne)
(Coauthors: Senators Alpert, Johnston, and McPherson)
FEBRUARY 28, 1997
An act to amend Sections 2, 7710, 7881, 8140, 8842, 9027, 9027.5,
and 9029.5, to amend the heading of Part 1.5 (commencing with Section
7000) of Division 6 of, to add Sections 105 and 9001.7 to, to add a
division and chapter heading immediately preceding Section 1 of, to
add Chapter 2 (commencing with Section 90) to Division 0.5 of, to add
Part 1.7 (commencing with Section 7050) to Division 6 of, Article 17
(commencing with Section 8585) to Chapter 2 of Part 3 of, Division 6
of, to repeal Section 1701 of, and to repeal and add Section 7710.1
of, the Fish and Game Code, and to add Section 11125.6 to the
Government Code, relating to marine life, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1241, Keeley. Marine resources.
(1) Existing law declares that the need to conserve, utilize, and
manage the state's marine fish resources warrants exploring the
feasibility of developing and implementing comprehensive fishery
management plans. In this regard, existing law required the
Department of Fish and Game, on or before June 30, 1995, to prepare a
fishery management plan for the white seabass fishery as a pilot
program. Existing law further required the department to prepare and
submit to the Fish and Game Commission and the Legislature, on or
before January 1, 1998, a report that evaluated the pilot program,
and, among other things, recommended whether a permanent system of
more comprehensive scientific marine fishery management planning
should be pursued by the state.
This bill would enact the Marine Life Management Act of 1998. The
bill would declare the intent of the Legislature that California's
marine sport and commercial fisheries and the resources upon which
they depend are important to the people of the State of California.
In this regard, the bill would set forth a comprehensive plan for the
management of marine life resources.
The bill would provide that fishery management plans shall form
the primary basis for managing the state's sport and commercial
marine fisheries and would require the commission, if funding is
provided, to adopt a fishery management plan for the nearshore
fishery on or before January 1, 2002. The bill would require the
department, on or before September 1, 2001, to submit a master plan
to the commission for its approval, specifying the process and
resources necessary to prepare, adopt, and implement the fishery
management plans.
The bill would specify the required contents of a fishery
management plan and would require the department to submit fishery
management plans to the commission for adoption or rejection, as
specified. The bill would also require the Director of Fish and Game
to report annually in writing to the commission on the status of
sport and commercial marine fisheries managed by the state and
identify those fisheries that do not meet the sustainability policies
set forth in the bill.
The bill would require the department to conduct and support
research relating to marine fisheries, as specified, and would
require the commission to form a marine resources committee to report
to the commission, as specified, and to make recommendations on all
marine resource matters considered by the commission. In addition,
the bill would require the department to establish a program for
independent peer review of significant marine resources documents, as
specified.
(2) Existing law provides, until April 1, 1999, that a pink shrimp
permit shall be issued for a fee of $285 and shall be issued only to
an applicant who possessed a valid pink shrimp permit in the
immediately preceding permit year.
This bill would extend those provisions until April 1, 2001.
(3) The bill would enact the Nearshore Fisheries Management Act,
which would require, on and after April 1, 1999, any person taking,
possessing aboard a boat, or landing any species of nearshore fish
stocks, as defined, for commercial purposes to possess a valid
nearshore fishing permit, as prescribed.
The act would authorize the commission to take specified actions
to regulate nearshore fish stocks, including, among other things, the
adoption of regulations the commission determines necessary to
regulate nearshore fish stocks and fisheries. The act would require
the department, on or before January 1, 2002, to submit to the
commission a nearshore fisheries management plan, as specified.
The act would prohibit specified fish taken pursuant to a
commercial fishing license from being possessed, sold, or purchased,
unless the fish exceeds the minimum length specified in the bill for
that purpose.
The act would require that any fees received by the department for
convictions or violations of provisions of the act 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 other specified purposes.
(4) Existing law, until January 1, 1999, prohibits the use of more
than 150 hooks on a vessel to take fish for commercial purposes in
specified waters, and places other limitations on the use of hooks
and fishing lines, as specified.
This bill would extend those provisions to January 1, 2004.
(5) Existing law makes a violation of the requirements,
prohibitions, and regulations adopted under the bill a crime. The
bill would therefor impose a state-mandated local program by creating
new crimes.
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.
(6) Existing law continuously appropriates money in the Fish and
Game Preservation Fund to the department and commission to pay all
necessary expenses incurred in carrying out the Fish and Game Code
and to pay the compensation and expenses of the commissioners and
employees of the commission.
By imposing new duties on the department and the commission and by
increasing the compensation payable to commissioners, the bill would
make an appropriation.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Marine
Life Management Act of 1998.
SEC. 2. A division heading is added immediately preceding Section
1 of the Fish and Game Code, to read:
DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS
SEC. 2.5. A chapter heading is added immediately preceding Section
1 of the Fish and Game Code, to read:
CHAPTER 1. GENERAL DEFINITIONS
SEC. 3. Section 2 of the Fish and Game Code is amended to read:
2. Unless the provisions or the context otherwise requires, the
definitions in this chapter govern the construction of this code and
all regulations adopted under this code.
SEC. 4. Chapter 2 (commencing with Section 90) is added to
Division 0.5 of the Fish and Game Code, to read:
CHAPTER 2. MARINE LIFE DEFINITIONS
90. The definitions in this chapter govern the construction of
Chapter 7 (commencing with Section 1700) of Division 2 and Division 6
(commencing with Section 5500) and all regulations adopted pursuant
to those provisions.
90.1. "Adaptive management," in regard to a marine fishery, means
a scientific policy that seeks to improve management of biological
resources, particularly in areas of scientific uncertainty, by
viewing program actions as tools for learning. Actions shall be
designed so that even if they fail, they will provide useful
information for future actions. Monitoring and evaluation shall be
emphasized so that the interaction of different elements within the
system can be better understood.
90.5. "Bycatch" means fish or other marine life that are taken in
a fishery but which are not the target of the fishery. "Bycatch"
includes discards.
90.7. "Depressed," with regard to a marine fishery, means the
condition of a fishery for which the best available scientific
information, and other relevant information that the commission or
department possesses or receives, indicates a declining population
trend has occurred over a period of time appropriate to that fishery.
With regard to fisheries for which management is based on maximum
sustainable yield, or in which a natural mortality rate is available,
"depressed" means the condition of a fishery that exhibits declining
fish population abundance levels below those consistent with maximum
sustainable yield.
91. "Discards" means fish that are taken in a fishery but are not
retained because they are of an undesirable species, size, sex, or
quality, or because they are required by law not to be retained.
93. "Essential fishery information," with regard to a marine
fishery, means information about fish life history and habitat
requirements; the status and trends of fish populations, fishing
effort, and catch levels; fishery effects on fish age structure and
on other marine living resources and users, and any other information
related to the biology of a fish species or to taking in the fishery
that is necessary to permit fisheries to be managed according to the
requirements of this code.
94. "Fishery" means either of the following:
(a) One or more populations of marine fish or marine plants that
may be treated as a unit for purposes of conservation and management
and that are identified on the basis of geographical, scientific,
technical, recreational, and economic characteristics.
(b) Fishing for or harvesting of the populations described in (a).
96. "Marine living resources" includes all wild mammals, birds,
reptiles, fish, and plants that normally occur in or are associated
with salt water, and the marine habitats upon which these animals and
plants depend for their continued viability.
96.5. "Maximum sustainable yield" in a marine fishery means the
highest average yield over time that does not result in a continuing
reduction in stock abundance, taking into account fluctuations in
abundance and environmental variability.
97. "Optimum yield," with regard to a marine fishery, means the
amount of fish taken in a fishery that does all of the following:
(a) Provides the greatest overall benefit to the people of
California, particularly with respect to food production and
recreational opportunities, and takes into account the protection of
marine ecosystems.
(b) Is the maximum sustainable yield of the fishery, as reduced by
relevant economic, social, or ecological factors.
(c) In the case of an overfished fishery, provides for rebuilding
to a level consistent with producing maximum sustainable yield in the
fishery.
97.5. "Overfished," with regard to a marine fishery, means both
of the following:
(a) A depressed fishery.
(b) A reduction of take in the fishery is the principal means for
rebuilding the population.
98. "Overfishing" means a rate or level of taking that the best
available scientific information, and other relevant information that
the commission or department possesses or receives, indicates is not
sustainable or that jeopardizes the capacity of a marine fishery to
produce the maximum sustainable yield on a continuing basis.
98.2. "Participants" in regard to a fishery means the
sportfishing, commercial fishing, and fish receiving and processing
sectors of the fishery.
98.5. "Population" or "stock" means a species, subspecies,
geographical grouping, or other category of fish capable of
management as a unit.
99. "Restricted access," with regard to a marine fishery, means a
fishery in which the number of persons who may participate, or the
number of vessels that may be used in taking a specified species of
fish, is limited by statute or regulation.
99.5. "Sustainable," "sustainable use," and "sustainability,"
with regard to a marine fishery, mean both of the following:
(a) Continuous replacement of resources, taking into account
fluctuations in abundance and environmental variability.
(b) Securing the fullest possible range of present and long-term
economic, social, and ecological benefits, maintaining biological
diversity, and, in the case of fishery management based on maximum
sustainable yield, taking in a fishery that does not exceed optimum
yield.
SEC. 5. Section 105 is added to the Fish and Game Code, to read:
105. The commission shall form a marine resources committee
consisting of at least one commissioner. The committee shall report
to the commission from time to time on its activities and shall make
recommendations on all marine resource matters considered by the
commission. The committee or its designee shall, to the extent
practicable, attend meetings of the department staff, including
meetings of the department staff with interested parties, in which
significant marine living resource management documents are being
developed.
SEC. 6. Section 1701 of the Fish and Game Code is repealed.
SEC. 7. The heading of Part 1.5 (commencing with Section 7000) of
Division 6 of the Fish and Game Code is amended to read:
PART 1.5. WHITE SEABASS FISHERY MANAGEMENT PLAN
SEC. 8. Part 1.7 (commencing with Section 7050) is added to
Division 6 of the Fish and Game Code, to read:
PART 1.7. CONSERVATION AND MANAGEMENT OF MARINE LIVING
RESOURCES
CHAPTER 1. GENERAL POLICIES
7050. (a) The Legislature finds and declares that the Pacific
Ocean and its rich marine living resources are of great
environmental, economic, aesthetic, recreational, educational,
scientific, nutritional, social, and historic importance to the
people of California.
(b) It is the policy of the state to ensure the conservation,
sustainable use, and, where feasible, restoration of California's
marine living resources for the benefit of all the citizens of the
state. The objective of this policy shall be to accomplish all of
the following:
(1) Conserve the health and diversity of marine ecosystems and
marine living resources.
(2) Allow and encourage only those activities and uses of marine
living resources that are sustainable.
(3) Recognize the importance of the aesthetic, educational,
scientific, and recreational uses that do not involve the taking of
California's marine living resources.
(4) Recognize the importance to the economy and the culture of
California of sustainable sport and commercial fisheries and the
development of commercial aquaculture consistent with the marine
living resource conservation policies of this part.
(5) Support and promote scientific research on marine ecosystems
and their components to develop better information on which to base
marine living resource management decisions.
(6) Manage marine living resources on the basis of the best
available scientific information and other relevant information that
the commission or department possesses or receives.
(7) Involve all interested parties, including, but not limited to,
individuals from the sport and commercial fishing industries,
aquaculture industries, coastal and ocean tourism and recreation
industries, marine conservation organizations, local governments,
marine scientists, and the public in marine living resource
management decisions.
(8) Promote the dissemination of accurate information concerning
the condition of, or management of, marine resources and fisheries by
seeking out the best available information and making it available
to the public through the marine resources management process.
(9) Coordinate and cooperate with adjacent states, as well as with
Mexico and Canada, and encourage regional approaches to management
of activities and uses that affect marine living resources.
Particular attention shall be paid to coordinated approaches to the
management of shared fisheries.
7051. (a) A regulation adopted pursuant to this part shall apply
only to ocean waters and bays. Notwithstanding any other provision
of this part, nothing contained in this part grants the department or
any other agency of the state any regulatory authority not in
existence on January 1, 1999, in any river upstream of the mouth of
such river, in the Sacramento-San Joaquin Delta or in any other
estuary.
(b) The policies in this part shall apply only to fishery
management plans and regulations adopted by the commission on or
after January 1, 1999. No power is delegated to the commission or
the department by this part to regulate fisheries other than the
nearshore fishery, the white sea bass fishery, emerging fisheries,
and fisheries for which the commission or department had regulatory
authority prior to January 1, 1999.
CHAPTER 2. MARINE FISHERIES GENERALLY
7055. The Legislature finds and declares that it is the policy of
the state that:
(a) California's marine sport and commercial fisheries, and the
resources upon which they depend, are important to the people of the
state and, to the extent practicable, shall be managed in accordance
with the policies and other requirements of this part in order to
assure the long-term economic, recreational, ecological, cultural,
and social benefits of those fisheries and the marine habitats on
which they depend.
(b) Programs for the conservation and management of the marine
fishery resources of California shall be established and administered
to prevent overfishing, to rebuild depressed stocks, to ensure
conservation, to facilitate long-term protection and, where feasible,
restoration of marine fishery habitats, and to achieve the
sustainable use of the state's fishery resources.
(c) Where a species is the object of sportfishing, a sufficient
resource shall be maintained to support a reasonable sport use,
taking into consideration the necessity of regulating individual
sport fishery bag limits to the quantity that is sufficient to
provide a satisfying sport.
(d) The growth of commercial fisheries, including distant-water
fisheries, shall be encouraged.
7056. In order to achieve the primary fishery management goal of
sustainability, every sport and commercial marine fishery under the
jurisdiction of the state shall be managed under a system whose
objectives include all of the following:
(a) The fishery is conducted sustainably so that long-term health
of the resource is not sacrificed in favor of short-term benefits.
In the case of a fishery managed on the basis of maximum sustainable
yield, management shall have optimum yield as its objective.
(b) The health of marine fishery habitat is maintained and, to the
extent feasible, habitat is restored, and where appropriate, habitat
is enhanced.
(c) Depressed fisheries are rebuilt to the highest sustainable
yields consistent with environmental and habitat conditions.
(d) The fishery limits bycatch to acceptable types and amounts, as
determined for each fishery.
(e) The fishery management system allows fishery participants to
propose methods to prevent or reduce excess effort in marine
fisheries.
(f) Management of a species that is the target of both sport and
commercial fisheries or of a fishery that employs different gears is
closely coordinated.
(g) Fishery management decisions are adaptive and are based on the
best available scientific information and other relevant information
that the commission or department possesses or receives, and the
commission and department have available to them essential fishery
information on which to base their decisions.
(h) The management decisionmaking process is open and seeks the
advice and assistance of interested parties so as to consider
relevant information, including local knowledge.
(i) The fishery management system observes the long-term interests
of people dependent on fishing for food, livelihood, or recreation.
(j) The adverse impacts of fishery management on small-scale
fisheries, coastal communities, and local economies are minimized.
(k) Collaborative and cooperative approaches to management,
involving fishery participants, marine scientists, and other
interested parties are strongly encouraged, and appropriate
mechanisms are in place to resolve disputes such as access,
allocation, and gear conflicts.
(l) The management system is proactive and responds quickly to
changing environmental conditions and market or other socioeconomic
factors and to the concerns of fishery participants.
(m) The management system is periodically reviewed for
effectiveness in achieving sustainability goals and for fairness and
reasonableness in its interaction with people affected by management.
7058. Any fishery management regulation adopted pursuant to this
part shall, to the extent practicable, conform to the policies of
Sections 7055 and 7056.
7059. (a) The Legislature finds and declares all of the
following:
(1) Successful fishery management is a collaborative process that
requires a high degree of ongoing communication and participation of
all those involved in the management process, particularly the
commission, the department, and those who represent the people and
resources that will be most affected by fishery management decisions,
especially fishery participants and other interested parties.
(2) In order to maximize the marine science expertise applied to
the complex issues of fishery management, the commission and the
department are encouraged to continue to, and to find creative new
ways to, contract with or otherwise effectively involve Sea Grant
staff, marine scientists, economists, collaborative factfinding
process and dispute resolution specialists, and others with the
necessary expertise at colleges, universities, private institutions,
and other agencies.
(3) The benefits of the collaborative process required by this
section apply to most fishery management activities including, but
not limited to, the development and implementation of research plans,
fishery management plans, and plan amendments, and the preparation
of fishery status reports such as those required by Section 7065.
(4) Because California is a large state with a long coast, and
because travel is time consuming and costly, the involvement of
interested parties shall be facilitated, to the extent practicable,
by conducting meetings and discussions in the areas of the coast and
in ports where those most affected are concentrated.
(b) In order to fulfill the intent of subdivision (a), the
commission and the department shall do all of the following:
(1) Periodically review fishery management operations with a view
to improving communication, collaboration, and dispute resolution,
seeking advice from interested parties as part of the review.
(2) Develop a process for the involvement of interested parties
and for factfinding and dispute resolution processes appropriate to
each element in the fishery management process. Models to consider
include, but are not limited to, the take reduction teams authorized
under the Marine Mammal Protection Act (16 U.S.C.A. Sec. 1361 et
seq.) and the processes that led to improved management in the
California herring, sea urchin, prawn, angel shark, and white seabass
fisheries.
(3) Consider the appropriateness of various forms of fisheries
comanagement, which involves close cooperation between the department
and fishery participants, when developing fishery management plans.
(4) When involving fishery participants in the management process,
give particular consideration to the gear used, involvement of sport
or commercial sectors or both sectors, and the areas of the coast
where the fishery is conducted in order to ensure adequate
involvement.
CHAPTER 3. FISHERIES SCIENCE
7060. (a) The Legislature finds and declares that for the
purposes of sustainable fishery management and this part, essential
fishery information is necessary for federally and state-managed
marine fisheries important to the people of this state to provide
sustainable economic and recreational benefits to the people of
California. The Legislature further finds and declares that
acquiring essential fishery information can best be accomplished
through the ongoing cooperation and collaboration of participants in
fisheries.
(b) The department, to the extent feasible, shall conduct and
support research to obtain essential fishery information for all
marine fisheries managed by the state.
(c) The department, to the maximum extent practicable and
consistent with Section 7059, shall encourage the participation of
fishermen in fisheries research within a framework that ensures the
objective collection and analysis of data, the collaboration of
fishermen in research design, and the cooperation of fishermen in
carrying out research.
(d) The department may apply for grants to conduct research and
may enter into contracts or issue competitive grants to public or
private research institutions to conduct research.
7062. (a) The department shall establish a program for external
peer review of the scientific basis of marine living resources
management documents. The department, in its discretion and unless
otherwise required by this part, may submit to peer review, documents
that include, but are not limited to, fishery management plans and
plan amendments, marine resource and fishery research plans.
(b) The department may enter into an agreement with one or more
outside entities that are significantly involved with researching and
understanding marine fisheries and are not advocacy organizations.
These entities may include, but not be limited to, the Sea Grant
program of any state, the University of California, the California
State University, the Pacific States Marine Fisheries Commission, or
any other entity approved by the commission to select and administer
peer review panels, as needed. The peer review panels shall be
composed of individuals with technical expertise specific to the
document to be reviewed. The entity with which the department enters
into an agreement for a peer review shall be responsible for the
scientific integrity of the peer review process. Each peer reviewer
may be compensated as needed to ensure competent peer review. Peer
reviewers shall not be employees or officers of the department or the
commission and shall not have participated in the development of the
document to be reviewed.
(c) The external peer review entity, within the timeframe and
budget agreed upon by the department and the external scientific peer
review entity, shall provide the department with the written report
of the peer review panel that contains an evaluation of the
scientific basis of the document. If the report finds that the
department has failed to demonstrate that a scientific portion of the
document is based on sound scientific knowledge, methods, and
practices, the report shall state that finding, and the reasons for
the finding. The department may accept the finding, in whole or in
part, and may revise the scientific portions of the document
accordingly. If the department disagrees with any aspect of the
finding of the external scientific peer review, it shall explain, and
include as part of the record, its basis for arriving at such a
determination in the analysis prepared for the adoption of the final
document, including the reasons why it has determined that the
scientific portions of the document are based on sound scientific
knowledge, methods, or practice. The department shall submit the
external scientific peer review report to the commission with any
peer reviewed document that is to be adopted or approved by the
commission.
(d) The requirements of this section do not apply to any emergency
regulation adopted pursuant to subdivision (b) of Section 11346.1 of
the Government Code.
(e) Nothing is this section shall be interpreted, in any way, to
limit the authority of the commission or department to adopt a plan
or regulation.
CHAPTER 4. COMMISSION AND DEPARTMENT
7065. (a) The director shall report annually in writing to the
commission on the status of sport and commercial marine fisheries
managed by the state. The date of the report shall be chosen by the
commission with the advice of the department. Each annual report
shall cover at least one-fourth of the marine fisheries managed by
the state so that every fishery will be reported on at least once
every four years. The department shall, consistent with Section
7059, involve expertise from outside the department in compiling
information for the report, which may include, but not be limited to,
Sea Grant staff, other marine scientists, fishery participants, and
other interested parties.
(b) For each fishery reported on in an annual report, the report
shall include information on landings, fishing effort, areas where
the fishery occurs, and other factors affecting the fishery as
determined by the department and the commission.
(c) Notwithstanding subdivision (a), the first annual report shall
be presented to the commission on or before September 1, 2001, and
shall cover all the marine fisheries managed by the state. To the
extent that the requirements of this section and Section 7073 are
duplicative, the first annual report may be combined with the plan
required pursuant to Section 7073.
7066. (a) The Legislature finds and declares that a number of
human-caused and natural factors can affect the health of marine
fishery resources and result in marine fisheries that do not meet the
policies and other requirements of this part.
(b) To the extent feasible, the director's report to the
commission pursuant to Section 7065 shall identify any marine fishery
that does not meet the sustainability policies of this part. In the
case of a fishery identified as being depressed, the report shall
indicate the causes of the depressed condition of the fishery,
describe steps being taken to rebuild the fishery, and, to the extent
practicable, recommend additional steps to rebuild the fishery.
(c) The director's report to the commission pursuant to Section
7065, consistent with subdivision (n) of Section 7056, shall evaluate
the management system and may recommend modifications of that system
to the commission.
CHAPTER 5. FISHERY MANAGEMENT PLANS--GENERAL POLICIES
7070. The Legislature finds and declares that the critical need to
conserve, utilize, and manage the state's marine fish resources and
to meet the policies and other requirements stated in this part
require that the state's fisheries be managed by means of fishery
management plans.
7071. (a) Sections 7070 to 7088, inclusive, do not apply to the
white seabass fishery.
(b) Part 1.5 (commencing with Section 7000) does not apply to any
fishery other than to the white seabass fishery.
(c) Any fishery management plan adopted on or before January 1,
1999, pursuant to Part 1.5 (commencing with Section 7000) shall
remain in effect until amended pursuant to Part 1.5 or this part.
Notwithstanding paragraph (2) of subdivision (b) of Section 7073,
any fishery management plan adopted pursuant to Part 1.5 (commencing
with Section 7000) and in existence on January 1, 1999, shall be
amended to comply with this part on or before January 1, 2002.
7072. (a) Fishery management plans shall form the primary basis
for managing California's sport and commercial marine fisheries.
(b) Fishery management plans shall be based on the best scientific
information that is available, on other relevant information that
the department possesses, or on such scientific information or other
relevant information that can be obtained without substantially
delaying the preparation of the plan, based on the schedule developed
pursuant to paragraph (5) of subdivision (b) of Section 7073.
(c) To the extent that conservation and management measures in a
fishery management plan either increase or restrict the overall
harvest in a fishery, fishery management plans shall allocate those
increases or restrictions fairly among recreational and commercial
sectors participating in the fishery.
(d) The commission shall adopt a fishery management plan for the
nearshore fishery on or before January 1, 2002, if funds are
appropriated for that purpose in the annual budget act or pursuant to
any other law.
7073. (a) On or before September 1, 2001, the department shall
submit to the commission for its approval, a master plan that
specifies the process and the resources needed to prepare, adopt, and
implement fishery management plans for sport and commercial marine
fisheries managed by the state. Consistent with Section 7059, the
master plan shall be prepared with the advice, assistance, and
involvement of participants in the various fisheries and their
representatives, marine conservationists, marine scientists, and
other interested persons.
(b) The master plan shall include all of the following:
(1) A list identifying the fisheries managed by the state, with
individual fisheries assigned to fishery management plans as
determined by the department according to conservation and management
needs and consistent with subdivision (g) of Section 7056.
(2) A priority list for preparation of fishery management plans.
Highest priority shall be given to fisheries that the department
determines have the greatest need for changes in conservation and
management measures in order to comply with the policies and
requirements set forth in this part. Fisheries for which the
department determines that current management complies with the
policies and requirements of this part shall be given the lowest
priority.
(3) A description of the research, monitoring, and data collection
activities that the department conducts for marine fisheries and of
any additional activities that might be needed for the department to
acquire essential fishery information, with emphasis on the higher
priority fisheries identified pursuant to paragraph (2).
(4) A process consistent with Section 7059 that ensures the
opportunity for meaningful involvement in the development of fishery
management plans and research plan by fishery participants and their
representatives, marine scientists, and other interested parties.
(5) A process for periodic review and amendment of the master
plan.
(c) The commission shall adopt or reject the master plan or master
plan amendment, in whole or in part, after a public hearing. If the
commission rejects a part of the master plan or master plan
amendment, the commission shall return that part to the department
for revision and resubmission pursuant to the revision and
resubmission procedures for fishery management plans as described in
subdivision (a) of Section 7075.
7074. (a) The department shall prepare interim fishery research
protocols for at least the three highest priority fisheries
identified pursuant to paragraph (4) of subdivision (b) of Section
7073. An interim fishery protocol shall be used by the department
until a fishery management plan is implemented for that fishery.
(b) Consistent with Section 7059, each protocol shall be prepared
with the advice, assistance, and involvement of participants in the
various fisheries and their representatives, marine conservationists,
marine scientists, and other interested persons.
(c) Interim protocols shall be submitted to peer review as
described in Section 7062 unless the department, pursuant to
subdivision (e), determines that peer review of the interim protocol
is not justified. For the purpose of peer review, interim protocols
may be combined in the following circumstances:
(1) For related fisheries.
(2) For two or more interim protocols that the commission
determines will require the same peer review expertise.
(d) The commission, with the advice of the department, shall adopt
criteria to be applied in determining whether an interim protocol
may be exempted from peer review.
CHAPTER 6. FISHERY MANAGEMENT PLAN PREPARATION, APPROVAL, AND
REGULATIONS
7075. (a) The department shall prepare fishery management plans
and plan amendments, including any proposed regulations necessary to
implement plans or plan amendments, to be submitted to the commission
for adoption or rejection. Prior to submitting a plan or plan
amendment, including any proposed regulations necessary for
implementation, to the commission, the department shall submit the
plan to peer review pursuant to Section 7062, unless the department
determines that peer review of the plan or plan amendment may be
exempted pursuant to subdivision (c). If the department makes that
determination, it shall submit its reasons for that determination to
the commission with the plan. If the commission rejects a plan or
plan amendment, including proposed regulations necessary for
implementation, the commission shall return the plan or plan
amendment to the department for revision and resubmission together
with a written statement of reasons for the rejection. The
department shall revise and resubmit the plan or plan amendment to
the commission within 90 days of the rejection. The revised plan or
plan amendment shall be subject to the review and adoption
requirements of this chapter.
(b) The department may contract with qualified individuals or
organizations to assist in the preparation of fishery management
plans or plan amendments.
(c) The commission, with the advice of the department and
consistent with Section 7059, shall adopt criteria to be applied in
determining whether a plan or plan amendment may be exempted from
peer review.
(d) Fishery participants and their representatives, fishery
scientists, or other interested parties may propose plan provisions
or plan amendments to the department or commission. The commission
shall review any proposal submitted to the commission and may
recommend to the department that the department develop a fishery
management plan or plan amendment to incorporate the proposal.
7076. (a) To the extent practicable, and consistent with Section
7059, the department shall seek advice and assistance in developing a
fishery management plan from participants in the affected fishery,
marine scientists, and other interested parties. The department
shall also seek the advice and assistance of other persons or
entities that it deems appropriate, which may include, but is not
limited to, Sea Grant, the National Marine Fisheries Service, the
Pacific States Marine Fisheries Commission, the Pacific Fishery
Management Council, and any advisory committee of the department.
(b) In the case of a fishery management plan or a plan amendment
that is submitted to peer review, the department shall provide the
peer review panel with any written comments on the plan or plan
amendment that the department has received from fishery participants
and other interested parties.
7077. A fishery management plan or plan amendment, or proposed
regulations necessary for implementation of a plan or plan amendment,
developed by the department shall be available to the public for
review at least 30 days prior to a hearing on the management plan or
plan amendment by the commission. Persons requesting to be notified
of the availability of the plan shall be notified in sufficient time
to allow them to review and submit comments at or prior to a hearing.
Proposed plans and plan amendments and hearing schedules and
agendas shall be posted on the department's Internet website.
7078. (a) The commission shall hold at least two public hearings
on a fishery management plan or plan amendment prior to the
commission's adoption or rejection of the plan.
(b) The plan or plan amendment shall be heard not later than 60
days following receipt of the plan or plan amendment by the
commission. The commission may adopt the plan or plan amendment at
the second public hearing, at the commission's meeting following the
second public hearing, or at any duly noticed subsequent meeting,
subject to subdivision (c).
(c) When scheduling the location of a hearing or meeting relating
to a fishery management plan or plan amendment, the commission shall
consider factors, including, among other factors, the area of the
state, if any, where participants in the fishery are concentrated.
(d) Notwithstanding Section 7550.5 of the Government Code, prior
to the adoption of a fishery management plan or plan amendment that
would make inoperative a statute, the commission shall provide a copy
of the plan or plan amendment to the Legislature for review by the
Joint Committee on Fisheries and Aquaculture or, if there is no such
committee, to the appropriate policy committee in each house of the
Legislature.
(e) The commission shall adopt any regulations necessary to
implement a fishery plan or plan amendment no more than 60 days
following adoption of the plan or plan amendment. All implementing
regulations adopted under this subdivision shall be adopted as a
regulation pursuant to the rulemaking provisions of the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
The commission's adoption of regulations to implement a fishery
management plan or plan amendment shall not trigger an additional
review process under the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code).
(f) Regulations adopted by the commission to implement a plan or
plan amendment shall specify any statute or regulation of the
commission that is to become inoperative as to the particular
fishery. The list shall designate each statute or regulation by
individual section number, rather than by reference to articles or
chapters.
CHAPTER 7. CONTENTS OF FISHERY MANAGEMENT PLANS
7080. Consistent with subdivision (b) of Section 7072, each
fishery management plan prepared by the department shall summarize
readily available information about the fishery including, but not
limited to, all of the following:
(a) The species of fish and their location, number of vessels and
participants involved, fishing effort, historical landings in the
sport and commercial sectors, and a history of conservation and
management measures affecting the fishery.
(b) The natural history and population dynamics of the target
species and the effects of changing oceanic conditions on the target
species.
(c) The habitat for the fishery and known threats to the habitat.
(d) The ecosystem role of the target species and the relationship
of the fishery to the ecosystem role of the target species.
(e) Economic and social factors related to the fishery.
7081. Consistent with subdivision (b) of Section 7072, each
fishery management plan or plan amendment prepared by the department
shall include a fishery research protocol that does all of the
following:
(a) Describe past and ongoing monitoring of the fishery.
(b) Identify essential fishery information for the fishery,
including, but not limited to, age and growth, minimum size at
maturity, spawning season, age structure of the population, and, if
essential fishery information is lacking, identify the additional
information needed and the resources and time necessary to acquire
the information.
(c) Indicate the steps the department shall take to monitor the
fishery and to obtain essential fishery information, including the
data collection and research methodologies, on an ongoing basis.
7082. Each fishery management plan or plan amendment prepared by
the department shall contain the measures necessary and appropriate
for the conservation and management of the fishery according to the
policies and other requirements in this part. The measures may
include, but are not limited to, all of the following:
(a) Limitations on the fishery based on area, time, amount of
catch, species, size, sex, type or amount of gear, or other factors.
(b) Creation or modification of a restricted access fishery that
contributes to a more orderly and sustainable fishery.
(c) A procedure to establish and to periodically review and revise
a catch quota in any fishery for which there is a catch quota.
(d) Requirement for a personal, gear, or vessel permit and
reasonable fees.
7083. (a) Each fishery management plan prepared by the department
shall incorporate the existing conservation and management measures
provided in this code that are determined by the department to result
in a sustainable fishery.
(b) If additional conservation and management measures are
included in the plan, the department shall, consistent with
subdivision (b) of Section 7072, summarize anticipated effects of
those measures on relevant fish populations and habitats, on fishery
participants, and on coastal communities and businesses that rely on
the fishery.
7084. (a) Consistent with subdivision (b) of Section 7072, each
fishery management plan or plan amendment prepared by the department
for a fishery that the department has determined has adverse effects
on marine fishery habitat shall include measures that, to the extent
practicable, minimize adverse effects on habitat caused by fishing.
(b) Subdivision (a) does not apply to activities regulated by
Chapter 6 (commencing with Section 6650) of Part 1.
7085. Consistent with subdivision (b) of Section 7072, each
fishery management plan or plan amendment prepared by the department,
in fisheries in which bycatch occurs, shall include all of the
following:
(a) Information on the amount and type of bycatch.
(b) Analysis of the amount and type of bycatch based on the
following criteria:
(1) Legality of the bycatch under any relevant law.
(2) Degree of threat to the sustainability of the bycatch species.
(3) Impacts on fisheries that target the bycatch species.
(4) Ecosystem impacts.
(c) In the case of unacceptable amounts or types of bycatch,
conservation and management measures that, in the following priority,
do the following:
(1) Minimize bycatch.
(2) Minimize mortality of discards that cannot be avoided.
7086. (a) Consistent with subdivision (b) of Section 7072, each
fishery management plan or plan amendment prepared by the department
shall specify criteria for identifying when the fishery is
overfished.
(b) In the case of a fishery management plan for a fishery that
has been determined to be overfished or in which overfishing is
occurring, the fishery management plan shall contain measures to
prevent, end, or otherwise appropriately address overfishing and to
rebuild the fishery.
(c) Any fishery management plan, plan amendment, or regulation
prepared pursuant to subdivision (b), shall do both of the following:
(1) Specify a time period for preventing or ending or otherwise
appropriately addressing overfishing and rebuilding the fishery that
shall be as short as possible, and shall not exceed 10 years except
in cases where the biology of the population of fish or other
environmental conditions dictate otherwise.
(2) Allocate both overfishing restrictions and recovery benefits
fairly and equitably among sectors of the fishery.
7087. (a) Each fishery management plan prepared by the department
shall include a procedure for review and amendment of the plan, as
necessary.
(b) Each fishery management plan or plan amendment prepared by the
department shall specify the types of regulations that the
department may adopt without a plan amendment.
7088. Each fishery management plan and plan amendment shall
include a list of any statutes and regulations that shall become
inoperative, as to the particular fishery covered by the fishery
management plan or plan amendment, upon the commission's adoption of
implementing regulations for that fishery management plan or plan
amendment.
CHAPTER 8. NEW OR DEVELOPING FISHERIES
7090. (a) The Legislature finds and declares that a proactive
approach to management of emerging fisheries will foster a healthy
marine environment and will benefit both commercial and sport
fisheries and other marine-dependent activities. It is therefore the
intent of the Legislature that the commission, upon recommendation
of the department, shall have the authority to encourage, manage, and
regulate emerging fisheries consistent with the policies of this
part.
(b) "Emerging fishery," in regard to a marine fishery, means both
of the following:
(1) A fishery that the director has determined is an emerging
fishery, based on criteria that are approved by the commission and
are related to a trend of increased landings or participants in the
fishery and the degree of existing regulation of the fishery.
(2) A fishery that is not an established fishery. "Established
fishery," in regard to a marine fishery, means, prior to January 1,
1999, one or more of the following:
(A) A restricted access fishery has been established in this code
or in regulations adopted by the commission.
(B) A fishery, for which a federal fishery management plan exists,
and in which the catch is limited within a designated time period.
(C) A fishery for which a population estimate and catch quota is
established annually.
(D) A fishery for which regulations for the fishery are considered
at least biennially by the commission.
(E) A fishery for which this code or regulations adopted by the
commission prescribes at least two management measures developed for
the purpose of sustaining the fishery. Management measures include
minimum or maximum size limits, seasons, time, gear, area
restriction, and prohibition on sale or possession of fish.
(c) The department shall closely monitor landings and other
factors it deems relevant in each emerging fishery and shall notify
the commission of the existence of an emerging fishery.
(d) The commission, upon the recommendation of the department, may
do either, or both, of the following:
(1) Adopt regulations that limit taking in the fishery by means
that may include, but not be limited to, restricting landings, time,
area, gear, or access. These regulations may remain in effect until
a fishery management plan is adopted or for 12 months, whichever is
shorter.
(2) Direct the department to prepare a fishery management plan for
the fishery and regulations necessary to implement the plan.
(e) A fishery management plan for an emerging fishery shall comply
with the requirements for preparing and adopting fishery management
plans contained in this part. In addition to those requirements, to
allow for adequate evaluation of the fishery and the acquisition of
essential fishery information, the fishery management plan shall
provide an evaluation period, which shall not exceed three years
unless extended by the commission. During the evaluation period, the
plan shall do both of the following:
(1) In order to prevent excess fishing effort during the
evaluation period, limit taking in the fishery by means that may
include, but not be limited to, restricting landings, time, area,
gear, or access to a level that the department determines is
necessary for evaluation of the fishery.
(2) Contain a research plan that includes objectives for
evaluating the fishery, a description of the methods and data
collection techniques for evaluating the fishery, and a timetable for
completing the evaluation.
(f) The commission is authorized to impose a fee on an emerging
fishery in order to pay the costs of implementing this chapter. Such
fees may include, but not be limited to, ocean fishing stamps and
permit fees. Such fees may not be levied in excess of the necessary
costs to implement and administer this chapter. The commission may
reduce fees annually if it determines that sufficient revenues exist
to cover costs incurred by the department in administering this
chapter. The commission and the department, with the advice of
fishery participants and other interested parties, shall consider
alternative ways to fund the evaluation of emerging fisheries.
(g) An emerging fishery is subject to this section unless the
department incorporates the fishery into a fishery management plan
developed under Sections 7070 to 7088, inclusive.
(h) In the event that this section is found to conflict with
Section 8606, 8614, or 8615, this section shall prevail.
SEC. 9. Section 7710 of the Fish and Game Code is amended to read:
7710. (a) If the director determines, based on the best available
scientific information, on other relevant information that the
director possesses or receives, and on at least one public hearing in
the area of the fishery, that taking in a fishery is being conducted
in a manner that is not sustainable, the director may order the
closure of any waters or otherwise restrict the taking under a
fishing license in state waters of that species. Any closure or
restriction order shall be adopted by emergency regulation in
accordance with Chapter 3.5 (commencing with Section 11340), Division
3, Title 2 of the Government Code.
(b) The director shall bring to the attention of the commission
within seven working days any regulations adopted pursuant to this
section. Any regulations shall be effective for only 30 days unless
the commission extends the closure or restriction under the authority
granted to the commission in Section 7068.
(c) The department shall give notice of any hearing to be held
pursuant to this section to the commission and its marine resources
committee as far in advance of the hearing date as possible.
Nothing in this section or Section 7710.5 restricts any existing
jurisdiction of the department with regard to the regulation of
fisheries on the high seas.
SEC. 10. Section 7710.1 of the Fish and Game Code is repealed.
SEC. 11. Section 7710.1 is added to the Fish and Game Code, to
read:
7710.1. A closure or restriction under Section 7710, or the
removal of a closure or restriction under Section 7710.5, may be
appealed to the commission. The commission shall hear and decide the
appeal within a time that is meaningful, taking into account the
duration of the fishery and the economics of the fishery.
SEC. 12. Section 7881 of the Fish and Game Code is amended to
read:
7881. (a) Every person who owns or operates a vessel in public
waters in connection with fishing operations for profit in this
state, or who brings fish into this state, or who, for profit,
permits persons to fish therefrom, shall submit an application for
commercial boat registration on forms provided by the department and
shall be issued a registration number.
(b) Upon payment of a fee of two hundred dollars ($200) by the
resident owner or operator of the vessel, the department shall issue
a commercial boat registration. The commercial boat registration
shall be carried aboard the vessel at all times and posted in a
conspicuous place.
(c) Upon payment of a fee of four hundred dollars ($400) by the
nonresident owner or operator of the vessel, the department shall
issue a commercial boat registration. The commercial boat
registration shall be carried aboard the vessel at all times and
posted in a conspicuous place.
(d) If a registered vessel is lost, destroyed, or sold, the owner
of the vessel shall immediately report the loss, destruction, or sale
to the department.
SEC. 13. Section 8140 of the Fish and Game Code is amended to
read:
8140. All fish, the taking of which is not otherwise restricted
for commercial purposes, by state or federal law or any regulations
adopted pursuant to those laws, may be taken at any time for
commercial purposes.
SEC. 14. Article 17 (commencing with Section 8585) is added to
Chapter 2 of Part 3 of Division 6 of the Fish and Game Code, to read:
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).
SEC. 15. Section 8842 of the Fish and Game Code, as amended by
Section 46.5 of Chapter 870 of the Statutes of 1996, is amended to
read:
8842. (a) Trawl nets of a design prescribed by the commission may
be used or possessed to take shrimp or prawns under a revocable,
nontransferable permit issued by the department under regulations
that the commission shall prescribe that are not inconsistent with
this section. A permit is valid, unless revoked or canceled, from
April 1 to March 31 of the next succeeding calendar year. A permit
issued under this section for the permit year beginning on April 1,
1994, and thereafter, may be issued pursuant to paragraph (2) of
subdivision (c) to the owner of a vessel registered pursuant to
Section 7881, as designated in the application for the permit. That
permit shall authorize the use of that designated vessel for the
purpose of using trawl nets to take shrimp or prawns pursuant to this
section.
Sections 8831, 8833, 8835, and 8836 do not apply to trawl nets
used or possessed under a permit issued pursuant to this section.
(b) When fishing for pink shrimp (Pandalus jordani) under a permit
issued pursuant to this section, it is unlawful to possess in excess
of 1,500 pounds of incidentally taken fish per calendar day of a
fishing trip, except Pacific whiting, shortbelly rockfish, and
arrowtooth flounder that may be taken in any amount. Not more than
150 pounds of California halibut shall be possessed or landed when
fishing under a permit issued pursuant to this section. When fishing
for ridgeback prawn and spotted prawn under a permit issued pursuant
to this section, it is unlawful to possess in excess of 1,000 pounds
of incidentally taken fish per trip, except for sea cucumbers that
may be taken in any amount.
(c) Beginning with the 1995-96 permit year, a pink shrimp permit
shall be issued only to applicants who possessed a valid pink shrimp
permit in the immediately preceding permit year.
(d) The fee for the permit to take pink shrimp shall be two
hundred eighty-five dollars ($285).
(e) This section shall remain in effect only until April 1, 2001,
and as of that date is repealed, unless a later enacted statute,
which is enacted before April 1, 2001, deletes or extends that date.
SEC. 16. Section 8842 of the Fish and Game Code, as amended by
Section 47 of Chapter 870 of the Statutes of 1996, is amended to
read:
8842. (a) Trawl nets of a design prescribed by the commission may
be used or possessed to take shrimps or prawns under a permit issued
by the department under regulations adopted by the commission.
Sections 8831, 8833, 8835, and 8836 do not apply to trawl nets
used or possessed under a permit issued pursuant to this section.
(b) When fishing for pink shrimp (Pandalus jordani) under a permit
issued pursuant to this section, it is unlawful to possess in excess
of 1,500 pounds of incidentally taken fish per calendar day of a
fishing trip, except Pacific whiting, shortbelly rockfish, and
arrowtooth flounder, which may be taken in any amount not in excess
of federal regulations. No Pacific halibut and not more than 150
pounds of California halibut shall be possessed or landed when
fishing under a permit issued pursuant to this section. When fishing
for ridgeback prawn and spotted prawn under a permit issued pursuant
to this section, it is unlawful to possess in excess of 1,000 pounds
of incidentally taken fish per trip.
(c) This section shall become operative on April 1, 2001.
SEC. 17. Section 9001.7 is added to the Fish and Game Code, to
read:
9001.7. Finfish traps authorized for use to take fish other than
sablefish and hagfish in waters of the state between the
California-Oregon border and a line extending due west magnetic from
Point Arguello, Santa Barbara County, shall be subject to the
following limitations:
(a) Lobster, and crabs of the genus Cancer, shall not be used as
bait in finfish traps.
(b) During the period from one hour after sunset to one hour
before sunrise, finfish traps that are left in the water shall be
unbaited with the door secured open. If, for reasons beyond the
control of the permittee, all trap doors cannot be secured open prior
to one hour after sunset, the permittee shall immediately notify the
department.
(c) Timed buoy release mechanisms commonly termed "popups" shall
not be used on buoy lines attached to finfish traps.
(d) Trap destruction devices used on finfish traps shall conform
to the current requirements for those devices adopted by the
commission.
(e) No finfish traps shall be set within 750 feet of any pier,
breakwall, or jetty in District 6, 7, 17, or 18.
(f) No more than 50 finfish traps may be used in state waters
along the mainland shore.
(g) Effective January 1, 2000, the mesh of any finfish trap used
pursuant to this section shall measure not less than two inches by
two inches.
SEC. 18. Section 9027 of the Fish and Game Code is amended to
read:
9027. (a) (1) Notwithstanding Section 9026, 9028, or 9029, in the
area described in subdivision (b), it is unlawful to use more than
150 hooks on a vessel to take fish for commercial purposes when using
fishing lines authorized pursuant to this article.
(2) In the area described in subdivision (b), not more than 15
hooks shall be attached to any one fishing line, and no fishing line
shall be attached to another fishing line, while those lines are
being used for commercial fishing pursuant to this article except
that a single troll line with not more than 30 hooks may be used to
take California halibut.
(3) Each fishing line used pursuant to this article that is not
attached to a vessel fishing in the area described in subdivision (b)
shall be buoyed and the commercial fishing license number issued
pursuant to Section 7850 to the permittee who is using the fishing
line shall be marked on, and visible on the upper one-half of each
buoy, in numbers at least two inches high.
(b) This section applies only to waters within one mile of shore
within Fish and Game Districts 6, 7, and 10, but not including ocean
waters in Fish and Game District 7 between a line extending 203
degrees magnetic from Gitchell Creek and a line extending 252 degrees
magnetic from False Cape in Humboldt County and not including ocean
waters in Fish and Game District 10 between a line extending 245
degrees magnetic from the most westerly point of the west point of
the Point Reyes headlands in Marin County and a line extending due
west magnetic from Point Bolinas in Marin County.
(c) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
SEC. 19. Section 9027.5 of the Fish and Game Code is amended to
read:
9027.5. (a) (1) Notwithstanding Section 9026, 9028, or 9029, in
the area described in subdivision (b), it is unlawful to use more
than 150 hooks on a vessel to take fish for commercial purposes when
using fishing lines authorized pursuant to this article.
(2) In the area described in subdivision (b), not more that 15
hooks shall be attached to any one fishing line, and no fishing line
shall be attached to another fishing line, while those lines are
being used for commercial fishing pursuant to this article.
(3) Each fishing line used pursuant to this article that is not
attached to a vessel fishing in the area described in subdivision (b)
shall be buoyed and the commercial fishing license number issued
pursuant to Section 7852 to the permittee who is using the fishing
line shall be marked on, and visible on the upper one-half of each
buoy, in numbers not less than two inches in height.
(b) This section applies only to waters within one mile of the
mainland shore in Fish and Game Districts 17 , 18, and 19.
(c) Subdivision (a) does not apply to persons who are fishing
south of a line extending due west from Point Conception and who are
fishing for halibut, white sea bass, sharks, skates, or rays. The
exemption in this subdivision does not apply if all of the fish
possessed by persons aboard the vessel does not consist of at least
80 percent by number of halibut, white sea bass, sharks, skates, and
rays.
(d) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
SEC. 20. Section 9029.5 of the Fish and Game Code is amended to
read:
9029.5. (a) Notwithstanding Sections 9025.5, 9026, and 9029, it
is unlawful to use set lines, vertical fishing lines, or troll lines
to take fish for commercial purposes within one mile of the nearest
point of land on the mainland shore in Fish and Game District 7 or 10
from sunset on Friday to sunset on the following Sunday or from
sunset of the day before a state recognized legal holiday until
sunset on that holiday. For the purposes of this subdivision, a "set
line" is a fishing line that is anchored to the bottom on each end
and is not free to drift with the tide or current and a "vertical
fishing line" is a fishing line that is anchored to the ocean bottom
at one end and attached at the other end on the surface to a fishing
vessel or a buoy. This section does not apply to the taking of
salmon or California halibut for commercial purposes.
(b) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2004, deletes or extends
that date.
SEC. 21. Section 11125.6 is added to the Government Code, to read:
11125.6. (a) An emergency meeting may be called at any time by
the president of the Fish and Game Commission or by a majority of the
members of the commission to consider an appeal of a closure of or
restriction in a fishery adopted pursuant to Section 7710 of the Fish
and Game Code. In the case of an emergency situation involving
matters upon which prompt action is necessary due to the disruption
or threatened disruption of an established fishery, the commission
may hold an emergency meeting without complying with the 10-day
notice requirement of Section 11125 or the 48-hour notice requirement
of Section 11125.4 if the delay necessitated by providing the 10-day
notice of a public meeting required by Section 11125 or the 48-hour
notice required by Section 11125.4 would significantly adversely
impact the economic benefits of a fishery to the participants in the
fishery and to the people of the state or significantly adversely
impact the sustainability of a fishery managed by the state.
(b) At the commencement of an emergency meeting called pursuant to
this section, the commission shall make a finding in open session
that the delay necessitated by providing notice 10 days prior to a
meeting as required by Section 11125 or 48 hours prior to a meeting
as required by Section 11125.4 would significantly adversely impact
the economic benefits of a fishery to the participants in the fishery
and to the people of the state or significantly adversely impact the
sustainability of a fishery managed by the state. The finding shall
set forth the specific facts that constitute the impact to the
economic benefits of the fishery or the sustainability of the
fishery. The finding shall be adopted by a vote of at least four
members of the commission, or, if less than four of the members are
present, a unanimous vote of those members present. Failure to adopt
the finding shall terminate the meeting.
(c) Newspapers of general circulation and radio or television
stations that have requested notice of meetings pursuant to Section
11125 shall be notified by the presiding officer of the commission,
or a designee thereof, one hour prior to the emergency meeting by
telephone.
(d) The minutes of an emergency meeting called pursuant to this
section, a list of persons who the president of the commission, or a
designee thereof, notified or attempted to notify, a copy of the
rollcall vote, and any action taken at the meeting shall be posted
for a minimum of 10 days in a public place as soon after the meeting
as possible.
SEC. 22. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
|