BILL NUMBER: AB 1299 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 11, 2011
AMENDED IN ASSEMBLY MARCH 23, 2011
INTRODUCED BY Assembly Member Huffman
( Coauthors: Assembly Members
Fong and Ma )
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 , and submit to the Fish and Game
Commission for its approval, 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 an established or
emerging fishery, as defined, in which forage species are a
significant component of the catch new fishery
management plans and amendments to existing fishery management plans
for forage species completed after January 1, 2012, to be
consistent with that policy , to the extent that scientific data
is readily available for that purpose . The bill
would require 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
laws.The bill would require the Fish and Game Commission to restrict
the development of an emerging fishery or the expansion of an
established fishery, 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.
(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.
(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.
(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 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.
(b) (1) "Forage species" includes Pacific herring (Clupea
pallasi), Pacific sardine (Sardinops sagax), northern anchovy
(Engraulis mordax), Pacific mackerel (Scomber japonicus), jack
mackerel (Trachurus symmetricus), market squid (Doryteuthis
opalescens), shortbelly rockfish (Sebastes jordani), smelts
(Osmerdiae), silversides (Antherinidiae), lanternfish (Myctophidae),
Pacific saury (Scomberesocidae); American shad (Alosa sapidissima),
Pacific tomcod (Microgadus proximus), Pacific hake (Merluccius
productus), sandlance (Ammodytidae), neon flying squid (Ommastrephes
bartrami), boreal clubhook squid (Onychoteuthis borealijaponica),
jellyfish (Medusozoa), mysid shrimp (Mysida), meso-zooplankton, and
any species designated by the commission pursuant to paragraph (2).
(2) The commission may designate additional species as forage
species, if it finds that a species comprises a major component in
the diets of fish, birds, mammals, or turtles, and contributes
disproportionately to ecosystem functions and resilience due to its
role as prey.
7098. (a) It is the policy of the state to ensure the
conservation, sustainable use, and, where 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.
(b) (1) Commencing January 1, 2012, 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 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:
(b) New fishery management plans for forage species and amendments
to existing fishery management plans for forage species completed
after January 1, 2012, shall be consistent with the policy described
in subdivision (a) to the extent that scientific data is readily
available for that purpose. It is the intent of the Legislature to
not require the reconsideration of regulations or fishery management
plans in place before January 1, 2012. In determining consistency
with subdivision (a) and in implementing Section 7080, the department
or commission shall review the best readily available scientific
information to do all of the following:
(A) Identify the major predators
(1) Identify the current population
levels of major predators of forage species , 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)
(2) Identify the other forage species that serve as
similar prey in the forage pool of the California Current
Ecosystem and evaluate to the major predators
identified in paragraph (1) and evaluate their stock
status.
(C)
(3) Evaluate the long-term effects of alternative
harvest strategies on available indicators of ecosystem structure and
function.
(D)
(4) 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)
(5) Consider ecological and ocean conditions, including
the dynamics of decadal or long-term oceanic cycles, that affect the
populations of forage species.
(G)
(6) Ensure sufficient availability of live and dead
bait to support the needs for bait of California
commercial and recreational fisheries.
(2) 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 indicates that
the development or expansion of the fishery would 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.