BILL NUMBER: AB 1299 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 23, 2011
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 amended, 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 that
significantly affect a forage species to be consistent with
that policy. The bill would require state representatives on the
Pacific Fishery Management Council and in similar roles
other relevant intergovernmental processes 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, as defined, or the
expansion of an existing established
fishery, for a as defined where forage
species are a significant component of the catch , 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 Many populations of
forage species lack baseline scientific data and face a multitude of
risks, including, but not limited to, ocean acidification, pollution,
overfishing, fishing pressure, global
climate change, and demand for feeds in the agriculture and
aquaculture industries.
(c) Most forage species have great nutritional value, including
high levels of certain long chain omega-3 polyunsaturated fatty
acids, which have been shown to reduce the risk of cardiac events in
adults and offer significant developmental benefits for pregnant and
nursing women and children.
(d) The department and the Ocean Protection Council are encouraged
to work together collaboratively to achieve the policy objectives of
this chapter, including conservation, sustainable use, and
ecosystem-based management of forage species, consistent with the
duties and responsibilities of the department under this part, and
the duties and responsibilities of the Ocean Protection Council under
Chapter 3 (commencing with Section 35600) of Division 26.5 of the
Public Resources Code, including, but not limited to, Section 35620
of the Public Resources Code.
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 2012 , 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)
(c) "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 , including their
habitats and associated water quality, 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, including the
dependence of predator species on those 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). higher value products
such as use for human consumption over other uses.
(b) (1) Commencing January 1, 2012, 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 that significantly affect a forage species,
shall be consistent with the policy described in subdivision (a). In
determining consistency with subdivision (a), and in implementing
subdivision (d) of Section 7080, the department shall review the best
readily available scientific information to do all of the following:
(A) Identify the major predators, determine the relative
contribution of the forage species to the diets of those predators,
and evaluate the effects of management actions on those predators.
(B) Identify the other forage species that serve as similar prey
in the forage pool of the California Current Ecosystem and evaluate
their stock status.
(C) Evaluate the long-term effects of alternative harvest
strategies on available indicators of ecosystem structure and
function.
(D) Consider the effectiveness of existing fishing regulations to
provide adequate forage for the populations of major predators.
(E) Consider current population levels of major predators of those
forage species.
(F) Consider ecological and ocean conditions, including the
dynamics of decadal or long-term oceanic cycles, that affect the
populations of forage species.
(2) State representatives on the Pacific Fishery Management
Council and in similar roles other relevant
intergovernmental processes 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
established fishery, where forage species are a significant
component of the catch, unless it finds that the available scientific
information establishes that the development or expansion of
the fishery would not have a negative impact on the
significant negative impact on the population of the
forage species or the ecological services rendered by the
forage species in the larger ecosystem.