BILL NUMBER: AB 1299AMENDED BILL TEXT AMENDED IN SENATE JULY 6, 2011 AMENDED IN ASSEMBLY MAY 27, 2011 AMENDED IN ASSEMBLY APRIL 11, 2011 AMENDED IN ASSEMBLY MARCH 23, 2011 INTRODUCED BY Assembly Member Huffman (Coauthors: Assembly Members Fong and Ma) FEBRUARY 18, 2011 An act to amend Section 7050 of, to add Sections 92, 95, and 7080.5 to, and to add Chapter 9 (commencing with Section 7095) to Part 1.7 of Division 6 of , the Fish and Game Code, relating to marine fisheries. LEGISLATIVE COUNSEL'S DIGEST AB 1299, as amended, Huffman. Marine fisheries: forage species. Existing law, enacted as part of the Marine Life Management Act of 1998, generally establishes a comprehensive plan for the management of marine life resources. Existing law requires the Department of Fish and Game to develop, and submit to the Fish and Game Commission for its approval, a fishery management master plan, and provides for the preparation and approval of fishery management plans, which form the primary basis for managing California's sport and commercial marine fisheries. This bill wouldenact the Forage Species Conservation and Management Act of 2011. The act would state the policy of the state with regard to forage species, as defined. The actstate that it is the policy objective of the state to ensure the conservation, sustai nable use, and, where applicable, restoration of California's forage species populations, including their habitats and associated water quality, for the benefit of all citizens of the state, and achieve ecosystem-based management of marine forage species that recognizes, prioritizes, accounts for, and incorporates the ecological services rendered by forage species, including the dependence of predator species on those forage species. The bill would define "forage species" and "ecosystem-based management" for those purposes. The bill would require new fishery management plans and amendments to existing fishery management plans for forage species completed after January 1, 2012, to be consistent with that policy, to the extent that scientific data is readily available for that purpose. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 92 is added to the Fish and Game Code , to read: 92. "Ecosystem-based management" means a management approach that recognizes the array of interactions within an ecosystem, including humans, rather than considering single issues, species, or ecosystem services in isolation. SEC. 2. Section 95 is added to the Fish and Game Code , to read: 95. (a) "Forage species" includes Pacific herring (Clupea pallasii), Pacific sardine (Sardinops sagax), northern anchovy (Engraulis mordax), Pacific mackerel (Scomber japonicus), jack mackerel (Trachurus symmetricus), market squid (Doryteuthis opalescens), shortbelly rockfish (Sebastes jordani), smelt (Osmeridae), silverside (Antherinidae), lanternfish (Myctophidae), Pacific saury (Scomberesocidae), American shad (Alosa sapidissima), Pacific tomcod (Microgadus proximus), Pacific hake (Merluccius productus), sandlance (Ammodytidae), neon flying squid (Ommastrephes bartramii), boreal clubhook squid (Onychoteuthis borealijaponica), jellyfish (Medusozoa), mysid shrimp (Mysida), mesozooplankton, and any species designated by the commission pursuant to subdivision (b). (b) The commission may designate additional species as forage species, if it finds that a species comprises a major component in the diets of fish, birds, mammals, or turtles, and contributes disproportionately to ecosystem functions and resilience due to its role as prey. SEC. 3. Section 7050 of the Fish and Game Code is amended to read: 7050. (a) The Legislature finds and declares that the Pacific Ocean and its rich marine living resources are of great environmental, economic, aesthetic, recreational, educational, scientific, nutritional, social, and historic importance to the people of California. (b) It is the policy of the state to ensure the conservation, sustainable use, and, where feasible, restoration of California's marine living resources for the benefit of all the citizens of the state. The objective of this policy shall be to accomplish all of the following: (1) Conserve the health and diversity of marine ecosystems and marine living resources. (2) Allow and encourage only those activities and uses of marine living resources that are sustainable. (3) Recognize the importance of the aesthetic, educational, scientific, and recreational uses that do not involve the taking of California's marine living resources. (4) Recognize the importance to the economy and the culture of California of sustainable sport and commercial fisheries and the development of commercial aquaculture consistent with the marine living resource conservation policies of this part. (5) Support and promote scientific research on marine ecosystems and their components to develop better information on which to base marine living resource management decisions. (6) Manage marine living resources on the basis of the best available scientific information and other relevant information that the commission or department possesses or receives. (7) Involve all interested parties, including, but not limited to, individuals from the sport and commercial fishing industries, aquaculture industries, coastal and ocean tourism and recreation industries, marine conservation organizations, local governments, marine scientists, and the public in marine living resource management decisions. (8) Promote the dissemination of accurate information concerning the condition of, or management of, marine resources and fisheries by seeking out the best available information and making it available to the public through the marine resources management process. (9) Coordinate and cooperate with adjacent states, as well as with Mexico and Canada, and encourage regional approaches to management of activities and uses that affect marine living resources. Particular attention shall be paid to coordinated approaches to the management of shared fisheries. (10) Ensure the conservation, sustainable use, and, where applicable, restoration of California's forage species populations, including their habitats and associated water quality, for the benefit of all citizens of the state, and achieve ecosystem-based management of marine forage species that recognizes, prioritizes, accounts for, and incorporates the ecological services rendered by forage species, including the dependence of predator species on those forage species. SEC. 4. Section 7080.5 is added to the Fish and Game Code , to read: 7080.5. In addition to Section 7080, new fishery management plans for forage species and amendments to existing fishery management plans for forage species completed after January 1, 2012, shall be consistent with the policy described in paragraph (10) of subdivision (b) of Section 7050, to the extent that scientific data is readily available for that purpose. It is the intent of the Legislature to not require the reconsideration of regulations or fishery management plans in place before January 1, 2012. In determining consistency with paragraph (10) of subdivision (b) of Section 7050 and in implementing Section 7080, the department or commission shall review the best readily available scientific information to do all of the following: (a) Identify the current population levels of major predators of forage species, determine the relative contribution of the forage species to the diets of those predators, and evaluate the effects of management actions on those predators. (b) Identify the other forage species that serve as similar prey in the forage pool to the major predators identified in subdivision (a) and evaluate their stock status. (c) Evaluate the long-term effects of alternative harvest strategies on available indicators of ecosystem structure and function. (d) Consider the effectiveness of existing fishing regulations to provide adequate forage for the populations of major predators. (e) Consider ecological and ocean conditions, including the dynamics of decadal or long-term oceanic cycles, that affect the populations of forage species. (f) Ensure sufficient availability of live and dead bait to support the needs for bait of California commercial and recreational fisheries.SECTION 1.SEC. 5. Chapter 9 (commencing with Section 7095) is added to Part 1.7 of Division 6 of the Fish and Game Code, to read: CHAPTER 9. FORAGE SPECIES 7095. This chapter shall be known, and may be cited, as the Forage Species Conservation and Management Act of 2011. 7096. The Legislature finds and declares all of the following: (a) Forage species are an integral part of the California Current Large Marine Ecosystem and are of great ecological, economic, aesthetic, recreational, educational, scientific, nutritional, social, and historic importance to the people of California. (b) Forage species are important because they transfer energy and nutrients from plankton to larger predatory fish, including those that are a part of important commercial and recreational fisheries, seabirds, and marine mammals, thereby contributing disproportionately to the functioning and resilience of ocean ecosystems. (c) Many populations of forage species lack baseline scientific data and face a multitude of risks, including, but not limited to, ocean acidification, pollution, fishing pressure, global climate change, and demand for feeds in the agriculture and aquaculture industries. (d) Most forage species have great nutritional value, including high levels of certain long chain omega-3 polyunsaturated fatty acids, which have been shown to reduce the risk of cardiac events in adults and offer significant developmental benefits for pregnant and nursing women and children. (e) Regarding utilization of forage species landed in the state, it is the intent of the Legislature to promote higher value uses for these species, such as use for human consumption, over other uses. (f) The department and the Ocean Protection Council are encouraged to work together collaboratively, and coordinate with appropriate federal agencies, to achieve the policy objectives of this chapter, including conservation, sustainable use, and ecosystem-based management of forage species, consistent with the duties and responsibilities of the department under this part, and the duties and responsibilities of the Ocean Protection Council under Chapter 3 (commencing with Section 35600) of Division 26.5 of the Public Resources Code, including, but not limited to, Section 35620 of the Public Resources Code. (g) California's wetfish industry provides more than 3,000 jobs in the fishing and processing sectors, contributing up to 95 percent of the seafood volume landed in the ports of Monterey, Moss Landing, Ventura, Port Hueneme, and Los Angeles, including San Pedro and Terminal Island, and represents a cultural icon in those fishing communities. (h) Through their ecological roles, forage species support California's ocean-based recreational and tourism sectors, including recreational fisheries and other commercial fisheries, which together provide over 250,000 jobs and generate approximately $12 billion annually to the state, maintaining a rich natural and cultural heritage for current and future generations of California citizens.7097. As used in this chapter: (a) "Ecosystem-based management" means a management approach that recognizes the array of interactions within an ecosystem, including humans, rather than considering single issues, species, or ecosystem services in isolation. (b) (1) "Forage species" includes Pacific herring (Clupea pallasi), Pacific sardine (Sardinops sagax), northern anchovy (Engraulis mordax), Pacific mackerel (Scomber japonicus), jack mackerel (Trachurus symmetricus), market squid (Doryteuthis opalescens), shortbelly rockfish (Sebastes jordani), smelts (Osmerdiae), silversides (Antherinidiae), lanternfish (Myctophidae), Pacific saury (Scomberesocidae); American shad (Alosa sapidissima), Pacific tomcod (Microgadus proximus), Pacific hake (Merluccius productus), sandlance (Ammodytidae), neon flying squid (Ommastrephes bartrami), boreal clubhook squid (Onychoteuthis borealijaponica), jellyfish (Medusozoa), mysid shrimp (Mysida), meso-zooplankton, and any species designated by the commission pursuant to paragraph (2). (2) The commission may designate additional species as forage species, if it finds that a species comprises a major component in the diets of fish, birds, mammals, or turtles, and contributes disproportionately to ecosystem functions and resilience due to its role as prey.7098. (a) It is the policy of the state to ensure the conservation, sustainable use, and, where applicable, restoration of California's forage species populations, including their habitats and associated water quality, for the benefit of all citizens of the state. The objective of this policy shall be to achieve ecosystem-based management of marine forage species that recognizes, prioritizes, accounts for, and incorporates the ecological services rendered by forage species, including the dependence of predator species on those forage species. (b) New fishery management plans for forage species and amendments to existing fishery management plans for forage species completed after January 1, 2012, shall be consistent with the policy described in subdivision (a) to the extent that scientific data is readily available for that purpose. It is the intent of the Legislature to not require the reconsideration of regulations or fishery management plans in place before January 1, 2012. In determining consistency with subdivision (a) and in implementing Section 7080, the department or commission shall review the best readily available scientific information to do all of the following: (1) Identify the current population levels of major predators of forage species, determine the relative contribution of the forage species to the diets of those predators, and evaluate the effects of management actions on those predators. (2) Identify the other forage species that serve as similar prey to the major predators identified in paragraph (1) and evaluate their stock status. (3) Evaluate the long-term effects of alternative harvest strategies on available indicators of ecosystem structure and function. (4) Consider the effectiveness of existing fishing regulations to provide adequate forage for the populations of major predators. (5) Consider ecological and ocean conditions, including the dynamics of decadal or long-term oceanic cycles, that affect the populations of forage species. (6) Ensure sufficient availability of live and dead bait to support the needs for bait of California commercial and recreational fisheries.