BILL NUMBER: AB 1299 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2011
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 and the Fish and Game Commission , including,
but not limited to, new fishery management plans and amendments to
existing fishery management plans that significantly affect
a forage species an established or emerging fishery,
as defined, in which forage species are a significant component of
the catch to be consistent with that policy. The bill would
require state department
representatives on the Pacific Fishery Management Council and in
other relevant intergovernmental processes to advocate for policies
and management consistent with that policy and for a fair share
of allocation to the California fisheries, using best available
science in accordance with applicable federal law
s . The bill would require the Fish and Game Commission to
restrict the development of an emerging fishery , as
defined, or the expansion of an established fishery,
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) Forage species are important because they transfer energy and
nutrients from plankton to larger predatory fish, including those
that are a part of important commercial and recreational fisheries,
seabirds, and marine mammals, thereby contributing disproportionately
to the functioning and resilience of ocean ecosystems.
(b)
(c) Many populations of forage species lack baseline
scientific data and face a multitude of risks, including, but not
limited to, ocean acidification, pollution, fishing pressure, global
climate change, and demand for feeds in the agriculture and
aquaculture industries.
(c)
(d) 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.
(e) Regarding utilization of forage species landed in the state,
it is the intent of the Legislature to promote higher value uses for
these species, such as use for human consumption, over other uses.
(d)
(f) The department and the Ocean Protection Council are
encouraged to work together collaboratively , and coordinate
with appropriate federal agencies, 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.
(g) California's wetfish industry provides more than 3,000 jobs in
the fishing and processing sectors, contributing up to 95 percent of
the seafood volume landed in the ports of Monterey, Moss Landing,
Ventura, Port Hueneme, and Los Angeles, including San Pedro and
Terminal Island, and represents a cultural icon in those fishing
communities.
(h) Through their ecological roles, forage species support
California's ocean-based recreational and tourism sectors, including
recreational fisheries and other commercial fisheries, which together
provide over 250,000 jobs and generate approximately $12 billion
annually to the state, maintaining a rich natural and cultural
heritage for current and future generations of California citizens.
7097. As used in this chapter:
(a) "Ecosystem-based management" means a management approach that
recognizes the 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,
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) "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.
(c) "Forage species" means both of the following:
(1) For an established fishery, Pacific herring (Clupea pallasi),
Pacific sardine (Sardinops sagax), northern anchovy (Engraulis
mordax), Pacific mackerel (Scomber japonicus), jack mackerel
(Trachurus symmetricus), and market squid (Doryteuthis opalescens).
(2) For an emerging fishery, a planktivorous fish or invertebrate
species.
7098. (a) It is the policy of the state to ensure the
conservation, sustainable use, and, where feasible
applicable , 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 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 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 and the commission , including, but not limited
to, new fishery management plans and amendments to existing fishery
management plans that significantly affect a forage species
an established or emerging fishery in which forage
species are a significant component of the catch , 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.
(G) Ensure sufficient availability of live and dead bait to
support the needs of California commercial and recreational
fisheries.
(2) State Department representatives
on the Pacific Fishery Management Council and in other relevant
intergovernmental processes shall advocate for policies and
management consistent with the policy described in subdivision (a)
and for a fair share of allocation to the California fisheries,
using best available science in accordance with applicable federal
laws .
(3) The commission shall restrict the development of an emerging
fishery, or the significant expansion of an established fishery,
where forage species are a significant component of the catch, unless
it finds that the available scientific information
establishes indicates that the development or
expansion of the fishery would not be
unlikely to have a significant negative impact on the
population of the forage species or the ecological services rendered
by the forage species in the larger ecosystem.