SECTIONS 7070-7074 - California Statutes

FISH AND GAME CODE

SECTION 7070-7074

7070. The Legislature finds and declares that the critical need to
conserve, utilize, and manage the state's marine fish resources and
to meet the policies and other requirements stated in this part
require that the state's fisheries be managed by means of fishery
management plans.

7071. (a) Any white seabass fishery management plan adopted by the
commission on or before January 1, 1999, shall remain in effect until
amended pursuant to this part.
Notwithstanding paragraph (2) of subdivision (b) of Section 7073,
any white seabass fishery management plan adopted by the commission
and in existence on January 1, 1999, shall be amended to comply with
this part on or before January 1, 2002.
(b) 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, but not limited to, statutes that govern allowable catch,
restricted access programs, permit fees, and time, area, and methods
of taking.
(c) On and after January 1, 2000, the commission may adopt
regulations as it determines necessary, based on the advice and
recommendations of the department, and in a process consistent with
Section 7059, to regulate all emerging fisheries, consistent with
Section 7090, all fisheries for nearshore fish stocks, and all
fisheries for white seabass. Regulations adopted by the commission
may include, but need not be limited to, establishing time and area
closures, requiring submittal of landing and permit information,
regulating fishing gear, permit fees, and establishing restricted
access fisheries.

7072. (a) Fishery management plans shall form the primary basis for
managing California's sport and commercial marine fisheries.
(b) Fishery management plans shall be 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.
(c) To the extent that conservation and management measures in a
fishery management plan either increase or restrict the overall
harvest or catch in a fishery, fishery management plans shall
allocate those increases or restrictions fairly among recreational
and commercial sectors participating in the fishery.
(d) Consistent with Article 17 (commencing with Section 8585), the
commission shall adopt a fishery management plan for the nearshore
fishery on or before January 1, 2002, if funds are appropriated for
that purpose in the annual Budget Act or pursuant to any other law.

7073. (a) On or before September 1, 2001, the department shall
submit to the commission for its approval a master plan that
specifies the process and the resources needed to prepare, adopt, and
implement fishery management plans for sport and commercial marine
fisheries managed by the state. Consistent with Section 7059, the
master plan shall 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.
(b) The master plan shall include all of the following:
(1) A list identifying the fisheries managed by the state, with
individual fisheries assigned to fishery management plans as
determined by the department according to conservation and management
needs and consistent with subdivision (f) of Section 7056.
(2) A priority list for preparation of fishery management plans.
Highest priority shall be given to fisheries that the department
determines have the greatest need for changes in conservation and
management measures in order to comply with the policies and
requirements set forth in this part. Fisheries for which the
department determines that current management complies with the
policies and requirements of this part shall be given the lowest
priority.
(3) A description of the research, monitoring, and data collection
activities that the department conducts for marine fisheries and of
any additional activities that might be needed for the department to
acquire essential fishery information, with emphasis on the higher
priority fisheries identified pursuant to paragraph (2).
(4) A process consistent with Section 7059 that ensures the
opportunity for meaningful involvement in the development of fishery
management plans and research plans by fishery participants and their
representatives, marine scientists, and other interested parties.
(5) A process for periodic review and amendment of the master
plan.
(c) The commission shall adopt or reject the master plan or master
plan amendment, in whole or in part, after a public hearing. If the
commission rejects a part of the master plan or master plan
amendment, the commission shall return that part to the department
for revision and resubmission pursuant to the revision and
resubmission procedures for fishery management plans as described in
subdivision (a) of Section 7075.

7074. (a) The department shall prepare interim fishery research
protocols for at least the three highest priority fisheries
identified pursuant to paragraph (2) of subdivision (b) of Section
7073. An interim fishery protocol shall be used by the department
until a fishery management plan is implemented for that fishery.
(b) Consistent with Section 7059, each protocol shall 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.
(c) Interim protocols shall be submitted to peer review as
described in Section 7062 unless the department, pursuant to
subdivision (d), determines that peer review of the interim protocol
is not justified. For the purpose of peer review, interim protocols
may be combined in the following circumstances:
(1) For related fisheries.
(2) For two or more interim protocols that the commission
determines will require the same peer review expertise.
(d) The commission, with the advice of the department, shall adopt
criteria to be applied in determining whether an interim protocol
may be exempted from peer review.