Article 17. Nearshore Fisheries Management Act of California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 2. >> Article 17.
This article shall be known and may be cited as the Nearshore
Fisheries Management Act.
The Legislature finds and declares that important
commercial and recreational fisheries exist on numerous stocks of
rockfish (genus Sebastes), California sheephead (genus
Semicossyphus), kelp greenling (genus Hexagrammos), cabezon (genus
Scorpaenichthys), and scorpionfish (genus Scorpaena), in the
nearshore state waters extending from the shore to one nautical mile
offshore the California coast, that there is increasing pressure
being placed on these fish from recreational and commercial
fisheries, that many of these fish species found in the nearshore
waters are slow growing and long lived, and that, if depleted, many
of these species may take decades to rebuild. The Legislature further
finds and declares that, although extensive research has been
conducted on some of these species by state and federal governments,
there are many gaps in the information on these species and their
habitats and that there is no program currently adequate for the
systematic research, conservation, and management of nearshore fish
stocks and the sustainable activity of recreational and commercial
nearshore fisheries. The Legislature further finds and declares that
recreational fishing in California generates funds pursuant to the
Federal Aid in Sport Fish Restoration Act (16 U.S.C. Secs. 777 to
777l, inclusive), with revenues used for, among other things,
research, conservation, and management of nearshore fish. The
Legislature further finds and declares that a program for research
and conservation of nearshore fish species and their habitats is
needed, and that a management program for the nearshore fisheries is
necessary. The Legislature further finds and declares that the
commission should be granted additional authority to regulate the
commercial and recreational fisheries to assure the sustainable
populations of nearshore fish stocks. Lastly, the Legislature finds
and declares that, whenever feasible and practicable, it is the
policy of the state to assure sustainable commercial and recreational
nearshore fisheries, to protect recreational opportunities, and to
assure long-term employment in commercial and recreational fisheries.
The following definitions govern the construction of this
(a) "Nearshore fish stocks" means any of the following: rockfish
(genus Sebastes) for which size limits are established under this
article, California sheephead (Semicossyphus pulcher), greenlings of
the genus Hexagrammos, cabezon (Scorpaenichthys marmoratus),
scorpionfish (Scorpaena guttata), and may include other species of
finfish found primarily in rocky reef or kelp habitat in nearshore
(b) "Nearshore fisheries" means the commercial or recreational
take or landing of any species of nearshore finfish stocks.
(c) "Nearshore waters" means the ocean waters of the state
extending from the shore to one nautical mile from land, including
one nautical mile around offshore rocks and islands.
Funding to pay the costs of this article shall be made
available from the revenues deposited in the Fish and Game
Preservation Fund pursuant to Sections 8587, 8589.5, and 8589.7, and
other funds appropriated for these purposes.
Any person taking, possessing aboard a boat, or landing any
species of nearshore fish stock for commercial purposes shall possess
a valid nearshore fishery permit issued to that person that has not
been suspended or revoked, except that when using a boat to take
nearshore fish stocks at least one person aboard the boat shall have
a valid nearshore fishery permit. Nearshore fishing permits are
revocable. The fee for a nearshore fishing permit is one hundred and
twenty five dollars ($125).
(a) The commission may adopt regulations as it determines
necessary, based on the advice and recommendations of the department,
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
(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.
Funding to prepare the plan pursuant to subdivision (d) of
Section 7072 and any planning and scoping meetings shall be derived
from moneys deposited in the Fish and Game Preservation Fund pursuant
to Section 8587 and other funds appropriated for these purposes.
The commission shall temporarily suspend and may
permanently revoke the nearshore fishing permit of any person
convicted of a violation of this article. In addition to, or in lieu
of, a license or permit suspension or revocation, the commission may
adopt and apply a schedule of fines for convictions of violations of
(a) Fees received by the department pursuant to Section
8587 shall be deposited in the Fish and Game Preservation Fund to be
used by the department to prepare, develop, and implement the
nearshore fisheries management plan and for the following purposes:
(1) For research and management of nearshore fish stocks and
nearshore habitat. For the purposes of this section, "research"
includes, but is not limited to, investigation, experimentation,
monitoring, and analysis and "management" means establishing and
maintaining a sustainable utilization.
(2) For supplementary funding of allocations for the enforcement
of statutes and regulations applicable to nearshore fish stocks,
including, but not limited to, the acquisition of special equipment
and the production and dissemination of printed materials, such as
pamphlets, booklets, and posters aimed at compliance with nearshore
(3) For the direction of volunteer groups assisting with nearshore
fish stocks and nearshore habitat management, for presentations of
related matters at scientific conferences and educational
institutions, and for publication of related material.
(b) The department shall maintain internal accounts that ensure
that the fees received pursuant to Section 8587 are disbursed for the
purposes stated in subdivision (a).
(c) The commission shall require an annual accounting from the
department on the deposits into, and expenditures from, the Fish and
Game Preservation Fund, as related to the revenues generated pursuant
to Section 8587. Notwithstanding Section 7550.5 of the Government
Code, a copy of the accounting shall be provided to the Legislature
for review by the Joint Committee on Fisheries and Aquaculture, and
if that committee is not in existence at the time, by the appropriate
policy committee in each house of the Legislature.
(d) Unencumbered fees collected pursuant to Section 8587 during
any previous calendar year shall remain in the fund and expended for
the purposes of subdivision (a). All interest and other earnings on
the fees received pursuant to Section 8587 shall be deposited in the
fund and shall be used for the purposes of subdivision (a).