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Posted by Jackyak on 20:57:44 11/19/03
In Reply to: AB670 Please write your local assemlby member and posted by Fundad
Do you mean that a cattle boat fishing the same reef 7 days a week is more pressure on the fishery than the weekend kayak angler?-Jackyak
: support it.. It is important our future fishing rights in Califorina....... ThanksIt 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=harmanFundadBILL NUMBER: AB 670 INTRODUCED BILL TEXTINTRODUCED BY Assembly Member Harman FEBRUARY 19, 2003 An act to amend Sections 1700 and 8587.1 of the Fish and GameCode, 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 theconservation, maintenance, and use of the living resources of theocean and other waters of this state, and to promote the developmentof fisheries in harmony with international law. Existing law setsforth the objectives in achieving this policy. This bill would prioritize those objectives, and add that some ofthe objectives be maintained consistent with the long-term health ofthe fishery. The bill would require that whenever the interests ofsport fishing and commercial fishing are in conflict, anyrecommendation of the Department of Fish and Game or regulation ofthe Fish and Game Commission shall provide a preference towards sportfishing. The bill would make a conforming change in a provision oflaw regulating nearshore fish stocks and fisheries. Existing law continuously appropriates money in the Fish and GamePreservation Fund to the department and the commission to pay allnecessary expenses incurred in carrying out the Fish and Game Code,and to pay the compensation and expenses of the commissioners andemployees of the commission. To the extent this bill would impose new duties on the departmentand 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 bepreserved, maintained, and managed for the benefit of the greatestnumber of California citizens. (2) California has a duty to preserve and protect marineresources, especially fisheries within the three nautical mile limitfrom the California coastline, consistent with the statutoryframework of the Fish and Game Code. (3) Notwithstanding the best efforts of the Department of Fish andGame and the Fish and Game Commission, insufficient marine resourcesand fisheries exist to satisfy the competing demands of bothrecreational fishermen and commercial fishermen operating within thethree nautical mile limit from the California coastline. (4) There are approximately 2.5 million licensed recreationalfishermen in California that contribute approximately $5 billion tothe 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 ofpreserving the environment and fisheries for current and futuregenerations of recreational fishermen. (5) The fishery with the highest level of competing demand is thenearshore ocean fishery within three nautical miles of the Californiacoastline. (6) The nearshore fishery is a family oriented activity mostaccessible to the 2.5 million recreational fishermen, whereascommercial fishermen have boats and gear designed to and capable ofharvesting in waters beyond three nautical miles of the Californiacoastline. Additionally, most commercial fishermen in the nearshorecannot make an adequate living in the nearshore alone, andconsequently, maintain alternative fishing licenses for otherregions, fishing methods, and species. (7) Therefore, because of the number of recreational fishermen,their proximity and access to the California coastline, and theiroverall contribution to the California economy, when the departmentrecommends or the commission adopts, regulations governing mattersincluding, but not limited to, seasons, catch limits, fishing gear,the interest of protecting recreational fishermen should receive apriority 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 ofthe state to encourage the conservation, maintenance, and utilizationof the living resources of the ocean and other waters under thejurisdiction and influence of the state for the benefit of all thecitizens of the state and to promote manage the development of local fisheries and distant-water fisheriesbased in California in harmony with international law respectingfishing and the conservation of the living resources of the oceansand other waters under the jurisdiction and influence of the state.This policy shall include all of the following objectives , inthe following order of priority : (a) (1) The maintenance of sufficient populations of all speciesof aquatic organisms to insure their continued existence. (b) (2) The recognition of the importance of the aesthetic,educational, scientific, and nonextractive recreational uses of theliving resources of the California Current. (c) (3) The maintenance of a sufficient resource to support areasonable sport use, where a species is the object of sport fishing,taking into consideration the necessity of regulating individualsport fishery bag limits to the quantity that is sufficient toprovide a satisfying sport , and consistent with the long-termhealth of the fishery . (d) (4) The growth management oflocal 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 catchwithin the limits of maximum sustainable yields, and the developmentof distant-water and overseas fishery enterprises. (e) (5) The management, on a basis of adequate scientificinformation promptly promulgated for public scrutiny, of thefisheries under the state's jurisdiction, and the participation inthe management of other fisheries in which California fishermen areengaged, 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 ofPart 3 of Division 6, whenever the interests of sport fishing, asdescribed in paragraph (3) of subdivision (a) competes with aninterest of local commercial fisheries, as described in paragraph (4)of subdivision (a) within three nautical miles of the Californiacoastline, any recommendations of the department or any regulationsadopted by the commission shall provide a preference to the interestsof sport fishing. SEC. 3. Section 8587.1 of the Fish and Game Code is amended toread: 8587.1. (a) The commission may adopt regulations as it determinesnecessary, based on the advice and recommendations of thedepartment, and consistent with subdivision (b) of Section 1700, to regulate nearshore fish stocks and fisheries. Regulationsadopted by the commission pursuant to this section may include, butare not limited to, requiring submittal of landing and permitinformation, including logbooks; establishing a restricted accessprogram; establishing permit fees; and establishing limitations onthe fishery based on time, area, type, and amount of gear, and amountof catch, species, and size of fish. (b) Regulations adopted by the commission pursuant to this sectionmay make inoperative any fishery management statute relevant to thenearshore fishery. Any regulation adopted by the commission pursuantto this subdivision shall specify the particular statute to be madeinoperative. (c) The circumstances, restrictions, and requirements of Section219 do not apply to regulations adopted pursuant to this section. (d) Any regulations adopted pursuant to this section shall beadopted following consultation with fishery participants and otherinterested persons consistent with Section 7059.
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