The definitions in this chapter govern the construction of Section 1022, Chapter 7 (commencing with Section 1700) of Division 2, and Division 6 (commencing with Section 5500), and all regulations adopted pursuant to those provisions.
Chapter 2Marine Life Definitions
Section § 90
This section explains that the definitions provided in this chapter are used to interpret and apply specific parts of the Family Code. These include Section 1022, Chapter 7 starting with Section 1700 in Division 2, and Division 6 starting with Section 5500. Additionally, any regulations created under these laws are also guided by these definitions.
definitions construction interpretation Family Code Section 1022 Chapter 7 Division 2 Division 6 regulations legal definitions application of laws statutory interpretation legal guidance
Section § 90.1
Adaptive management is a strategy for managing marine fisheries that treats management actions as learning opportunities. This approach is used especially when scientific understanding is incomplete. It emphasizes creating actions that still offer valuable insights even if they do not succeed. Monitoring and evaluating these actions is crucial to understand how different parts of the ecosystem interact.
“Adaptive management,” in regard to a marine fishery, means a scientific policy that seeks to improve management of biological resources, particularly in areas of scientific uncertainty, by viewing program actions as tools for learning. Actions shall be designed so that even if they fail, they will provide useful information for future actions. Monitoring and evaluation shall be emphasized so that the interaction of different elements within the system can be better understood.
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Section § 90.5
This section defines "bycatch" as any fish or marine life caught unintentionally while fishing for other species. This includes any marine life that is discarded because they are not the intended catch.
“Bycatch” means fish or other marine life that are taken in a fishery but which are not the target of the fishery. “Bycatch” includes discards.
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Section § 90.7
This section defines what it means for a marine fishery to be considered "depressed." A fishery is labeled as depressed when scientific or other information shows its fish population is decreasing over time. If a fishery is managed based on the maximum sustainable yield (the largest catch that can be taken without harming the fish population), a fishery is depressed when fish numbers fall below levels that would sustain this yield.
“Depressed,” with regard to a marine fishery, means the condition of a fishery for which the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates a declining population trend has occurred over a period of time appropriate to that fishery. With regard to fisheries for which management is based on maximum sustainable yield, or in which a natural mortality rate is available, “depressed” means the condition of a fishery that exhibits declining fish population abundance levels below those consistent with maximum sustainable yield.
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Section § 91
This law defines 'discards' as fish caught in fishing activities but not kept. This can be due to the fish being the wrong kind, size, sex, or quality, or because the law says they can't be kept.
“Discards” means fish that are taken in a fishery but are not retained because they are of an undesirable species, size, sex, or quality, or because they are required by law not to be retained.
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Section § 93
This section defines what 'essential fishery information' means for marine fisheries. It includes details about fish life cycles, habitat needs, and population data. It also covers fishing activity, how it affects fish populations and age distribution, and its impact on other marine life and users. Essentially, it involves any biological or fishing-related information needed for responsible fishery management.
“Essential fishery information,” with regard to a marine fishery, means information about fish life history and habitat requirements; the status and trends of fish populations, fishing effort, and catch levels; fishery effects on fish age structure and on other marine living resources and users, and any other information related to the biology of a fish species or to taking in the fishery that is necessary to permit fisheries to be managed according to the requirements of this code.
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Section § 94
The term "fishery" refers to two key things: (a) groups of marine fish or plants that can be managed together as a unit. These groups are defined based on factors like location, science, techniques, recreation, and economics. (b) It also includes the activities related to fishing, harvesting, or catching these groups of marine species.
“Fishery” means both of the following:
(a)CA Fish and Game Code § 94(a) One or more populations of marine fish or marine plants that may be treated as a unit for purposes of conservation and management and that are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics.
(b)CA Fish and Game Code § 94(b) Fishing for, harvesting, or catching the populations described in (a).
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Section § 96
This section defines 'marine living resources' as all wild animals and plants linked to saltwater environments, including their habitats, that are necessary for their survival. This encompasses creatures like fish, mammals, birds, and reptiles, as well as the associated saltwater ecosystems they depend on.
“Marine living resources” includes all wild mammals, birds, reptiles, fish, and plants that normally occur in or are associated with salt water, and the marine habitats upon which these animals and plants depend for their continued viability.
marine living resources wild mammals wild birds wild reptiles wild fish marine habitats saltwater ecosystems marine viability marine plants salt water association wildlife conservation marine biodiversity ecosystem dependence saltwater habitats aquatic wildlife
Section § 96.5
The term “maximum sustainable yield” in a marine fishery refers to the largest amount of fish that can be consistently caught without decreasing the fish population, even as their numbers and environmental conditions change over time.
“Maximum sustainable yield” in a marine fishery means the highest average yield over time that does not result in a continuing reduction in stock abundance, taking into account fluctuations in abundance and environmental variability.
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Section § 97
"Optimum yield" refers to the most beneficial amount of fish that can be taken from a marine fishery. It should maximize benefits like food and recreation for Californians while protecting marine ecosystems. Additionally, it should be adjusted from the highest possible sustainable catch by considering economic, social, or ecological factors. If the fishery is overfished, the yield should allow for rebuilding fish populations to sustainable levels.
“Optimum yield,” with regard to a marine fishery, means the amount of fish taken in a fishery that does all of the following:
(a)CA Fish and Game Code § 97(a) Provides the greatest overall benefit to the people of California, particularly with respect to food production and recreational opportunities, and takes into account the protection of marine ecosystems.
(b)CA Fish and Game Code § 97(b) Is the maximum sustainable yield of the fishery, as reduced by relevant economic, social, or ecological factors.
(c)CA Fish and Game Code § 97(c) In the case of an overfished fishery, provides for rebuilding to a level consistent with producing maximum sustainable yield in the fishery.
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Section § 97.5
In the context of marine fisheries, "overfished" refers to a situation where the fishery is struggling (depressed fishery) and the main way to help the fish population recover is to limit the amount being caught (reduction of take).
“Overfished,” with regard to a marine fishery, means both of the following:
(a)CA Fish and Game Code § 97.5(a) A depressed fishery.
(b)CA Fish and Game Code § 97.5(b) A reduction of take in the fishery is the principal means for rebuilding the population.
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Section § 98
This law defines "overfishing" as catching fish at a rate or level that's unsustainable based on the best scientific and other relevant information. It also highlights the concern that overfishing threatens the ability of a marine fishery to continuously produce the highest possible output over time.
“Overfishing” means a rate or level of taking that the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates is not sustainable or that jeopardizes the capacity of a marine fishery to produce the maximum sustainable yield on a continuing basis.
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Section § 98.2
This section defines "participants" in the context of a fishery as including those involved in sportfishing, commercial fishing, and the receiving and processing of fish.
“Participants” in regard to a fishery means the sportfishing, commercial fishing, and fish receiving and processing sectors of the fishery.
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Section § 98.5
This law section defines 'population' or 'stock' as a group of fish like a species or subspecies that can be managed together as a single unit.
“Population” or “stock” means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit.
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Section § 99
The term “restricted access” in marine fishing means there are limits set by law or regulations on how many people can fish, how many boats can be used for fishing, or how much fish can be caught for certain species.
“Restricted access,” with regard to a marine fishery, means a fishery in which the number of persons who may participate, or the number of vessels that may be used in taking a specified species of fish, or the catch allocated to each fishery participant, is limited by statute or regulation.
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Section § 99.5
This law explains what "sustainable," "sustainable use," and "sustainability" mean in the context of marine fisheries.
First, it means consistently replenishing fish resources while considering changes in fish populations and the environment. Second, it involves getting the most economic, social, and environmental benefits now and in the future, maintaining the variety of species, and ensuring fishing does not exceed the optimal amount necessary for long-term sustainability.
“Sustainable,” “sustainable use,” and “sustainability,” with regard to a marine fishery, mean both of the following:
(a)CA Fish and Game Code § 99.5(a) Continuous replacement of resources, taking into account fluctuations in abundance and environmental variability.
(b)CA Fish and Game Code § 99.5(b) Securing the fullest possible range of present and long-term economic, social, and ecological benefits, maintaining biological diversity, and, in the case of fishery management based on maximum sustainable yield, taking in a fishery that does not exceed optimum yield.
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