Chapter 7. Contents Of Fishery Management Plans of California Fish And Game Code >> Division 6. >> Part 1.7. >> Chapter 7.
Consistent with subdivision (b) of Section 7072, each fishery
management plan prepared by the department shall summarize readily
available information about the fishery including, but not limited
to, all of the following:
(a) The species of fish and their location, number of vessels and
participants involved, fishing effort, historical landings in the
sport and commercial sectors, and a history of conservation and
management measures affecting the fishery.
(b) The natural history and population dynamics of the target
species and the effects of changing oceanic conditions on the target
species.
(c) The habitat for the fishery and known threats to the habitat.
(d) The ecosystem role of the target species and the relationship
of the fishery to the ecosystem role of the target species.
(e) Economic and social factors related to the fishery.
Consistent with subdivision (b) of Section 7072, each fishery
management plan or plan amendment prepared by the department shall
include a fishery research protocol that does all of the following:
(a) Describe past and ongoing monitoring of the fishery.
(b) Identify essential fishery information for the fishery,
including, but not limited to, age and growth, minimum size at
maturity, spawning season, age structure of the population, and, if
essential fishery information is lacking, identify the additional
information needed and the resources and time necessary to acquire
the information.
(c) Indicate the steps the department shall take to monitor the
fishery and to obtain essential fishery information, including the
data collection and research methodologies, on an ongoing basis.
Each fishery management plan or plan amendment prepared by
the department shall contain the measures necessary and appropriate
for the conservation and management of the fishery according to the
policies and other requirements in this part. The measures may
include, but are not limited to, all of the following:
(a) Limitations on the fishery based on area, time, amount of
catch, species, size, sex, type or amount of gear, or other factors.
(b) Creation or modification of a restricted access fishery that
contributes to a more orderly and sustainable fishery.
(c) A procedure to establish and to periodically review and revise
a catch quota in any fishery for which there is a catch quota.
(d) Requirement for a personal, gear, or vessel permit and
reasonable fees.
(a) Each fishery management plan prepared by the department
shall incorporate the existing conservation and management measures
provided in this code that are determined by the department to result
in a sustainable fishery.
(b) If additional conservation and management measures are
included in the plan, the department shall, consistent with
subdivision (b) of Section 7072, summarize anticipated effects of
those measures on relevant fish populations and habitats, on fishery
participants, and on coastal communities and businesses that rely on
the fishery.
(a) Consistent with subdivision (b) of Section 7072, each
fishery management plan or plan amendment prepared by the department
for a fishery that the department has determined has adverse effects
on marine fishery habitat shall include measures that, to the extent
practicable, minimize adverse effects on habitat caused by fishing.
(b) Subdivision (a) does not apply to activities regulated by
Chapter 6 (commencing with Section 6650) of Part 1.
Consistent with subdivision (b) of Section 7072, each fishery
management plan or plan amendment prepared by the department, in
fisheries in which bycatch occurs, shall include all of the
following:
(a) Information on the amount and type of bycatch.
(b) Analysis of the amount and type of bycatch based on the
following criteria:
(1) Legality of the bycatch under any relevant law.
(2) Degree of threat to the sustainability of the bycatch species.
(3) Impacts on fisheries that target the bycatch species.
(4) Ecosystem impacts.
(c) In the case of unacceptable amounts or types of bycatch,
conservation and management measures that, in the following priority,
do the following:
(1) Minimize bycatch.
(2) Minimize mortality of discards that cannot be avoided.
(a) Consistent with subdivision (b) of Section 7072, each
fishery management plan or plan amendment prepared by the department
shall specify criteria for identifying when the fishery is
overfished.
(b) In the case of a fishery management plan for a fishery that
has been determined to be overfished or in which overfishing is
occurring, the fishery management plan shall contain measures to
prevent, end, or otherwise appropriately address overfishing and to
rebuild the fishery.
(c) Any fishery management plan, plan amendment, or regulation
prepared pursuant to subdivision (b), shall do both of the following:
(1) Specify a time period for preventing or ending or otherwise
appropriately addressing overfishing and rebuilding the fishery that
shall be as short as possible, and shall not exceed 10 years except
in cases where the biology of the population of fish or other
environmental conditions dictate otherwise.
(2) Allocate both overfishing restrictions and recovery benefits
fairly and equitably among sectors of the fishery.
(a) Each fishery management plan prepared by the department
shall include a procedure for review and amendment of the plan, as
necessary.
(b) Each fishery management plan or plan amendment prepared by the
department shall specify the types of regulations that the
department may adopt without a plan amendment.
Each fishery management plan and plan amendment shall include
a list of any statutes and regulations that shall become
inoperative, as to the particular fishery covered by the fishery
management plan or plan amendment, upon the commission's adoption of
implementing regulations for that fishery management plan or plan
amendment.