Fishery Management Plans

Section 7070 contains a legislative finding and declaration.

Section 7071 provides that any white seabass fishery management plan adopted by the commission on or before January 1, 1999 remains in effect until amended pursuant to this part. In the case of any fishery for which the commission has management authority, including white seabass, regulations that the commission adopts to implement a fishery management plan or plan amendment for that fishery may make inoperative, in regard to that fishery, any fishery management statute that applies to that fishery, including statutes that govern allowable catch, restricted access programs, permit fees, and time, area, and methods of taking.

Section 7072 requires fishery management plans to form the primary basis for managing California’s sport and commercial marine fisheries. Fishery management plans are based on the best scientific information that is available, on other relevant information that the department possesses, or on the scientific information or other relevant information that can be obtained without substantially delaying the preparation of the plan.

Section 7074 requires the department to prepare interim fishery research protocols for at least the three highest priority fisheries. An interim fishery protocol must be used by the department until a fishery management plan is implemented for that fishery. Cach protocol must be prepared with the advice, assistance, and involvement of participants in the various fisheries and their representatives, marine conservationists, marine scientists, and other interested persons.

Section 7080 requires each fishery management plan prepared by the department to summarize readily available information about the fishery including five specified items.

Section 7081 requires each fishery management plan or plan amendment prepared by the department to include a fishery research protocol that does three specified items.

Section 7082 requires each fishery management plan or plan amendment prepared by the department to contain the measures necessary and appropriate for the conservation and management of the fishery according to the policies and other requirements in this part. The measures may include four specified items.

Section 7083 requires each fishery management plan prepared by the department to incorporate the existing conservation and management measures provided in this code that are determined by the department to result in a sustainable fishery.

Section 7084 requires each fishery management plan or plan amendment prepared by the department for a fishery that the department has determined has adverse effects on marine fishery habitat to include measures that, to the extent practicable, minimize adverse effects on habitat caused by fishing.

Section 7085 requires each fishery management plan or plan amendment prepared by the department, in fisheries in which bycatch occurs, to include nine specified items.

Section 7086 requires each fishery management plan or plan amendment prepared by the department to specify criteria for identifying when the fishery is overfished. In the case of a fishery management plan for a fishery that has been determined to be overfished or in which overfishing is occurring, the fishery management plan has to contain measures to prevent, end, or otherwise appropriately address overfishing and to rebuild the fishery.

Section 7087 requires each fishery management plan prepared by the department to include a procedure for review and amendment of the plan, as necessary. Each fishery management plan or plan amendment prepared by the department must specify the types of regulations that the department may adopt without a plan amendment.

Section 7088 requires each fishery management plan and plan amendment to include a list of any statutes and regulations that become inoperative, as to the particular fishery covered by the fishery management plan or plan amendment, upon the commission’s adoption of implementing regulations for that fishery management plan or plan amendment.