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Posted by Fundad on 15:14:42 11/19/03
support it.. It is important our future fishing rights in Califorina....... Thanks
It gives Recreational fisherman a top priority over commercial fisherman.......
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_670&sess=CUR&house=B&author=harman
Fundad
BILL NUMBER: AB 670 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Harman
FEBRUARY 19, 2003
An act to amend Sections 1700 and 8587.1 of the Fish and Game
Code, relating to fish, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 670, as introduced, Harman. Fisheries: managing resources.
Existing law declares the policy of the state to encourage the
conservation, maintenance, and use of the living resources of the
ocean and other waters of this state, and to promote the development
of fisheries in harmony with international law. Existing law sets
forth the objectives in achieving this policy.
This bill would prioritize those objectives, and add that some of
the objectives be maintained consistent with the long-term health of
the fishery. The bill would require that whenever the interests of
sport fishing and commercial fishing are in conflict, any
recommendation of the Department of Fish and Game or regulation of
the Fish and Game Commission shall provide a preference towards sport
fishing. The bill would make a conforming change in a provision of
law regulating nearshore fish stocks and fisheries.
Existing law continuously appropriates money in the Fish and Game
Preservation Fund to the department and the commission to pay all
necessary expenses incurred in carrying out the Fish and Game Code,
and to pay the compensation and expenses of the commissioners and
employees of the commission.
To the extent this bill would impose new duties on the department
and the commission, the bill would make an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(1) Marine resources and fisheries are a public resource to be
preserved, maintained, and managed for the benefit of the greatest
number of California citizens.
(2) California has a duty to preserve and protect marine
resources, especially fisheries within the three nautical mile limit
from the California coastline, consistent with the statutory
framework of the Fish and Game Code.
(3) Notwithstanding the best efforts of the Department of Fish and
Game and the Fish and Game Commission, insufficient marine resources
and fisheries exist to satisfy the competing demands of both
recreational fishermen and commercial fishermen operating within the
three nautical mile limit from the California coastline.
(4) There are approximately 2.5 million licensed recreational
fishermen in California that contribute approximately $5 billion to
the California economy in the form of bait and tackle purchases,
lodging, boat and equipment purchases, and charter services.
Recreational fishermen have a strong and consistent record of
preserving the environment and fisheries for current and future
generations of recreational fishermen.
(5) The fishery with the highest level of competing demand is the
nearshore ocean fishery within three nautical miles of the California
coastline.
(6) The nearshore fishery is a family oriented activity most
accessible to the 2.5 million recreational fishermen, whereas
commercial fishermen have boats and gear designed to and capable of
harvesting in waters beyond three nautical miles of the California
coastline. Additionally, most commercial fishermen in the nearshore
cannot make an adequate living in the nearshore alone, and
consequently, maintain alternative fishing licenses for other
regions, fishing methods, and species.
(7) Therefore, because of the number of recreational fishermen,
their proximity and access to the California coastline, and their
overall contribution to the California economy, when the department
recommends or the commission adopts, regulations governing matters
including, but not limited to, seasons, catch limits, fishing gear,
the interest of protecting recreational fishermen should receive a
priority or preference over commercial fishermen.
SEC. 2. Section 1700 of the Fish and Game Code is amended to read:
1700. (a) It is hereby declared to be the policy of
the state to encourage the conservation, maintenance, and utilization
of the living resources of the ocean and other waters under the
jurisdiction and influence of the state for the benefit of all the
citizens of the state and to promote manage
the development of local fisheries and distant-water fisheries
based in California in harmony with international law respecting
fishing and the conservation of the living resources of the oceans
and other waters under the jurisdiction and influence of the state.
This policy shall include all of the following objectives , in
the following order of priority :
(a)
(1) The maintenance of sufficient populations of all species
of aquatic organisms to insure their continued existence.
(b)
(2) The recognition of the importance of the aesthetic,
educational, scientific, and nonextractive recreational uses of the
living resources of the California Current.
(c)
(3) The maintenance of a sufficient resource to support a
reasonable sport use, where a species is the object of sport fishing,
taking into consideration the necessity of regulating individual
sport fishery bag limits to the quantity that is sufficient to
provide a satisfying sport , and consistent with the long-term
health of the fishery .
(d)
(4) The growth management of
local commercial fisheries, consistent with aesthetic, educational,
scientific, and recreational uses of such
those living resources, the utilization of unused resources,
taking into consideration the necessity of regulating the catch
within the limits of maximum sustainable yields, and the development
of distant-water and overseas fishery enterprises.
(e)
(5) The management, on a basis of adequate scientific
information promptly promulgated for public scrutiny, of the
fisheries under the state's jurisdiction, and the participation in
the management of other fisheries in which California fishermen are
engaged, with the objective of maximizing the sustained harvest
, while ensuring the long-term health of the fishery .
(f)
(6) The development of commercial aquaculture.
(b) Notwithstanding subdivision (a) and Sections 7055, 7056, 7059,
7072, and Article 17 (commencing with Section 8585) of Chapter 2 of
Part 3 of Division 6, whenever the interests of sport fishing, as
described in paragraph (3) of subdivision (a) competes with an
interest of local commercial fisheries, as described in paragraph (4)
of subdivision (a) within three nautical miles of the California
coastline, any recommendations of the department or any regulations
adopted by the commission shall provide a preference to the interests
of sport fishing.
SEC. 3. Section 8587.1 of the Fish and Game Code is amended to
read:
8587.1. (a) The commission may adopt regulations as it determines
necessary, based on the advice and recommendations of the
department, and consistent with subdivision (b) of Section 1700,
to regulate nearshore fish stocks and fisheries. Regulations
adopted by the commission pursuant to this section may include, but
are not limited to, requiring submittal of landing and permit
information, including logbooks; establishing a restricted access
program; establishing permit fees; and establishing limitations on
the fishery based on time, area, type, and amount of gear, and amount
of catch, species, and size of fish.
(b) Regulations adopted by the commission pursuant to this section
may make inoperative any fishery management statute relevant to the
nearshore fishery. Any regulation adopted by the commission pursuant
to this subdivision shall specify the particular statute to be made
inoperative.
(c) The circumstances, restrictions, and requirements of Section
219 do not apply to regulations adopted pursuant to this section.
(d) Any regulations adopted pursuant to this section shall be
adopted following consultation with fishery participants and other
interested persons consistent with Section 7059.
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