SECTIONS 7650-7655 - California Statutes

FISH AND GAME CODE

SECTION 7650-7655

7650. As used in this article:
(a) "Act" means the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. Sec. 1801 et seq.).
(b) "Council" means the Pacific Fishery Management Council
established pursuant to the act, or its successor agency.
(c) "Fishery" has the same meaning as defined in Section 1802(13)
of Title 16 of the United States Code.
(d) "Joint committee" means the Joint Committee on Fisheries and
Aquaculture created pursuant to Resolution Chapter 88 of the Statutes
of 1981.
(e) "Optimum," with respect to the yield from a fishery, has the
same meaning as defined in Section 1802(28) of Title 16 of the United
States Code.
(f) "Secretary" means the federal Secretary of Commerce.

7652. Upon the preparation by the council, and the recommendation
by the council to the secretary, of a fishery management plan or
amendment thereto pursuant to the act, or upon the approval by the
secretary of a fishery management plan, or amendment thereto,
pursuant to the act, the director may do the following to conform
state law or regulations of the commission to the fishery management
plan, or amendment thereto, if the director finds that the action is
necessary to achieve optimum yield in California and that it is
necessary to avoid a substantial and adverse effect on the plan by
that state law or the regulations in order to continue state
jurisdiction pursuant to Section 1856 of the act:
(a) Adopt regulations that would make inoperative any statute or
regulation of the commission, including, but not limited to, statutes
or regulations regulating bag limits, methods of taking, and seasons
for taking of fish for commercial purposes.
Any regulation adopted by the director pursuant to this
subdivision shall specify the particular statute or regulation of the
commission to be inoperative.
(b) Adopt regulations governing phases of the taking of fish for
commercial purposes that are not presently regulated by statute or
regulation of the commission.
(c) Adopt regulations governing phases of the taking of fish for
commercial purposes that are presently regulated by statute or
regulation of the commission, but only if the statutes or regulations
are first made inoperative pursuant to subdivision (a) for the
effective period of the regulations adopted by the director pursuant
to this subdivision.
(d) Chapter 3.5 (commencing with Section 11340) of Division 3 of
Title 2 of the Government Code does not apply to this article.

7652.1. (a) Notwithstanding any other section of this article or
any other provisions of law, the director shall hold a public hearing
or hearings in the area of the fishery under consideration after a
recommendation by the council to the secretary of a fishery
management plan or amendment thereto pursuant to the act, or after
approval by the secretary of a fishery management plan or amendment
thereto pursuant to the act. If the secretary approves a fishery
management plan or amendment thereto which is substantially identical
to the fishery management plan or amendment thereto which has been
recommended by the council and the director has held a public hearing
on the council's recommended fishery management plan or amendment
thereto, the director is not required to hold a second public hearing
under this section after the approval by the secretary.
(b) The hearing shall be held not less than four days after the
recommendation by the council to the secretary of a fishery
management plan or amendment thereto or after the approval by the
secretary of a fishery management plan or amendment thereto.
The director shall arrange the time and place of the hearing,
shall provide adequate public notice and adequate notice to the
appropriate standing policy committee of each house of the
Legislature and to the joint committee, and shall convene the hearing
at the time and place arranged.
(c) At the hearing or hearings, the director shall take evidence
of the effects any proposed regulation would have on the state's
fishery resources, the commercial or recreational fishing industry,
and the state's ability to manage fishery resources in state waters.
(d) After the hearings, the director shall submit a written report
to the Legislature which summarizes the reasons for the proposed
regulation.

7652.2. (a) The director may repeal or amend any regulation adopted
pursuant to Section 7652 or any other regulation to conform the
regulation to federal regulations pursuant to the act, if the
director finds that this action is necessary to achieve optimum yield
in California.
(b) Notwithstanding any other section of this article or any other
provision of law, the director shall hold a public hearing or
hearings in the area of the fishery under consideration before the
director repeals or amends any regulation pursuant to this section.
The director shall arrange the time and place of the hearing, shall
provide adequate public notice and adequate notice to the appropriate
standing policy committee of each house of the Legislature and to
the joint committee, and shall convene the hearing at the time and
place arranged.
(c) At the hearing or hearings, the director shall take evidence
of the effects the proposed repeal or amendment would have on the
state's fishery resources, the commercial or recreational fishing
industry, and the state's ability to manage fishery resources in
state waters.
(d) After the hearings, the director shall submit a written report
to the Legislature which summarizes the reasons for the proposed
repeal or amendment.

7652.3. (a) The director shall not adopt, amend, or repeal any
regulation pursuant to this article until the director has held one
or more hearings and submitted a report to the Legislature pursuant
to Section 7652.1 or 7652.2, whichever is applicable.
(b) The report to the Legislature shall be delivered or placed in
the United States Postal Service addressed to the Chairperson of the
Joint Committee on Fisheries and Aquaculture and to the chairperson
of the appropriate policy committee of each house of the Legislature.

7653. Upon the adoption of any regulations pursuant to Section
7652, the director shall report to the Legislature which statutes or
regulations of the commission need to be amended or repealed, and any
regulations adopted by the director that need to be enacted as
statutes, to conform state law to any fishery management plan, or
amendment thereto, that has been approved by the secretary to avoid
any substantial and adverse effect on such plan, or its amendments,
by such state law.

7654. The Legislature finds and declares:
(a) That the actions taken by the federal Pacific Fishery
Management Council have resulted in significant economic losses to
California's salmon and groundfish fisheries, have caused significant
waste of fish, and have failed to manage and conserve fisheries for
their optimum yield.
(b) That the California Salmon Fishery has been severely affected
by regulations imposed by the Pacific Fishery Management Council and
the federal Department of Commerce.
(c) That the membership of the Pacific Fishery Management Council
has never included a commercial salmon troll fisherman and has at
times lacked balance and representation from major fisheries subject
to the fishery management plans of the council.

7655. (a) It is the policy of the State of California that the
state be represented on the Pacific Fishery Management Council by
people who are knowledgeable about fisheries directly subject to the
fishery management plans of the council. Nominations and appointments
to the Pacific Fishery Management Council shall be a balanced
representation of interested parties, including, but not limited to,
representatives from the commercial salmon troll fishery, the
groundfish fishery, the coastal pelagic species fishery, the seafood
processing industry, the commercial passenger carrying fishing
industry, nongovernmental environmental organizations, and marine
scientists.
(b) When the Governor nominates persons for any seat on the
Pacific Fishery Management Council, those individuals shall be
knowledgeable of California's fishery resources and its fishing
industry. Further, the nominations may be made after consultation
with fishery organizations and other interested parties, including
parties representing the public's interest in the fishery resources
and marine environment.