BILL NUMBER: AB 1299 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Huffman
FEBRUARY 18, 2011
An act to add Chapter 9 (commencing with Section 7095) to Part 1.7
of Division 6 of the Fish and Game Code, relating to marine
fisheries.
LEGISLATIVE COUNSEL'S DIGEST
AB 1299, as introduced, Huffman. Marine fisheries: forage species.
Existing law, enacted as part of the Marine Life Management Act of
1998, generally establishes a comprehensive plan for the management
of marine life resources. Existing law requires the Department of
Fish and Game to develop a fishery management master plan, and
provides for the preparation and approval of fishery management
plans, which form the primary basis for managing California's sport
and commercial marine fisheries.
This bill would enact the Forage Species Conservation and
Management Act of 2011. The act would state the policy of the state
with regard to forage species, as defined. The act would require
management decisions of, and regulations promulgated by, the
department, including, but not limited to, new fishery management
plans and amendments to existing fishery management plans to be
consistent with that policy. The bill would require state
representatives on the Pacific Fishery Management Council and in
similar roles to advocate for policies and management consistent with
that policy. The bill would require the Fish and Game Commission to
restrict the development of an emerging fishery, or the expansion of
an existing fishery, for a forage species, unless it makes specified
findings.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 9 (commencing with Section 7095) is added to
Part 1.7 of Division 6 of the Fish and Game Code, to read:
CHAPTER 9. FORAGE SPECIES
7095. This chapter shall be known, and may be cited, as the
Forage Species Conservation and Management Act of 2011.
7096. The Legislature finds and declares all of the following:
(a) Forage species are an integral part of the California Current
Large Marine Ecosystem and are of great ecological, economic,
aesthetic, recreational, educational, scientific, nutritional,
social, and historic importance to the people of California.
(b) Populations of forage species lack baseline scientific data
and face a multitude of risks, including, but not limited to, ocean
acidification, pollution, overfishing, global climate change, and
demand for feeds in the agriculture and aquaculture industries.
7097. As used in this chapter:
(a) "Ecosystem-based management" means a management approach that
recognizes the full array of interactions within an ecosystem,
including humans, rather than considering single issues, species, or
ecosystem services in isolation.
(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 that 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) "Existing fisheries" means fisheries that, as of January 1,
2012, are prosecuted in the state waters of California or subject to
management by the department in which forage species are targeted or
are a major component of the catch.
(d) "Forage species" means any fish or invertebrate species that
contributes significantly to the diets of fish, birds, mammals, or
turtles, or otherwise contributes disproportionately to ecosystem
function and resilience due to its role as prey.
(e) "Precautionary approach" means that if an action or policy has
the potential of causing harm to public resources, in the absence of
scientific consensus, the burden of proof is on the proposer of the
action to show the lack of harm before an action or policy is
implemented. If there is a threat of serious or irreversible damage
to a forage species or an ecosystem in which the forage species plays
a significant role, the lack of full scientific certainty shall not
constitute a reason to postpone cost-effective measures to prevent
environmental degradation.
(f) "Undeveloped fisheries" means potential fisheries for forage
species that are not currently pursued in state waters.
7098. (a) It is the policy of the state to ensure the
conservation, sustainable use, and, where feasible, restoration of
California's forage species populations for the benefit of all
citizens of the state. The objective of this policy shall be to
achieve ecosystem-based management of marine forage species through
application of a precautionary approach that recognizes, prioritizes,
accounts for, and incorporates the ecological services rendered by
forage species. It is the further policy of this state, regarding
utilization of forage species landed in the state, to promote
increased human consumption prioritized over other uses, with the
goal of moving toward higher value products.
(b) (1) All management decisions of, and regulations promulgated
by, the department, including, but not limited to, new fishery
management plans and amendments to existing fishery management plans,
shall be consistent with the policy described in subdivision (a).
(2) State representatives on the Pacific Fishery Management
Council and in similar roles shall advocate for policies and
management consistent with the policy described in subdivision (a).
(3) The commission shall restrict the development of an emerging
fishery, or the significant expansion of an existing fishery, for a
forage species, unless it finds both of the following:
(A) There is robust scientific information on the population
status and ecosystem role of the forage species.
(B) The development or expansion of the fishery would not have a
negative impact on the forage species or the ecological services
rendered by the forage species in the larger ecosystem.