BILL NUMBER: AB 1299	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 6, 2011
	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  amend Section 7050 of, to add Sections 92, 95, and
7080.5 to, and 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  
state that it is the policy objective of the state to ensure the
conservation, sustai   nable 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, and 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. The bill would define "forage species" and
"ecosystem-based management" for those purposes. The bill  would
require 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.
   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.    Section 92 is added to the  
Fish and Game Code   , to read:  
   92.  "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. 
   SEC. 2.    Section 95 is added to the   Fish
and Game Code   , to read:  
   95.  (a) "Forage species" includes Pacific herring (Clupea
pallasii), Pacific sardine (Sardinops sagax), northern anchovy
(Engraulis mordax), Pacific mackerel (Scomber japonicus), jack
mackerel (Trachurus symmetricus), market squid (Doryteuthis
opalescens), shortbelly rockfish (Sebastes jordani), smelt
(Osmeridae), silverside (Antherinidae), lanternfish (Myctophidae),
Pacific saury (Scomberesocidae), American shad (Alosa sapidissima),
Pacific tomcod (Microgadus proximus), Pacific hake (Merluccius
productus), sandlance (Ammodytidae), neon flying squid (Ommastrephes
bartramii), boreal clubhook squid (Onychoteuthis borealijaponica),
jellyfish (Medusozoa), mysid shrimp (Mysida), mesozooplankton, and
any species designated by the commission pursuant to subdivision (b).

   (b) 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. 
   SEC. 3.    Section 7050 of the   Fish and
Game Code   is amended to read: 
   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. 
   (10) 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, and 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. 
   SEC. 4.    Section 7080.5 is added to the  
Fish and Game Code   , to read:  
   7080.5.  In addition to Section 7080, 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 paragraph (10) of subdivision
(b) of Section 7050, 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 paragraph (10) of subdivision (b) of Section 7050 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 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) Identify the other forage species that serve as similar prey
in the forage pool to the major predators identified in subdivision
(a) 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 ecological and ocean conditions, including the
dynamics of decadal or long-term oceanic cycles, that affect the
populations of forage species.
   (f) Ensure sufficient availability of live and dead bait to
support the needs for bait of California commercial and recreational
fisheries. 
   SECTION 1.   SEC. 5.   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) (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) 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:
   (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.
   (2) Identify the other forage species that serve as similar prey
to the major predators identified in paragraph (1) and evaluate their
stock status.
   (3) Evaluate the long-term effects of alternative harvest
strategies on available indicators of ecosystem structure and
function.
   (4) Consider the effectiveness of existing fishing regulations to
provide adequate forage for the populations of major predators.
   (5) Consider ecological and ocean conditions, including the
dynamics of decadal or long-term oceanic cycles, that affect the
populations of forage species.
   (6) Ensure sufficient availability of live and dead bait to
support the needs for bait of California commercial and recreational
fisheries.