Federal Regulation - Generally - Fish And Game Code - CA

Section § 7650

This section of the Fish and Game Code defines key terms used when discussing fishery management. It explains what 'Act' refers to, which is the Magnuson-Stevens Fishery Conservation and Management Act. It identifies the 'Council' as the Pacific Fishery Management Council. The term 'Fishery' is defined according to federal law, and 'Joint Committee' refers to a specific committee created in 1981. 'Optimum' yield from a fishery is also defined by federal law, and 'Secretary' is identified as the federal Secretary of Commerce.

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.

(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.

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Section § 7652

This section gives the director the authority to change state laws and regulations to align with federal fishery management plans. If necessary for achieving the best possible yield and maintaining state control, the director can make existing regulations inactive and create new ones about how fish can be commercially caught, focusing on methods, limits, and seasons. The director can also establish rules where none exist, ensuring they don't conflict with existing regulations. Notably, some usual government regulatory procedures don't apply here.

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.

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Section § 7652.1

This California law requires the director to hold a public hearing after a fishery management plan or amendment is recommended by the fisheries council or approved by the secretary. If the plan approved by the secretary is basically the same as what the council recommended, and a hearing was already held, no second hearing is necessary. These hearings must occur at least four days after the council’s recommendation or the secretary’s approval.

The director is responsible for scheduling these hearings, ensuring adequate public and legislative notice, and collecting evidence about the effects on fishery resources, the fishing industry, and resource management.

After the hearing, the director must submit a report to the Legislature that explains the reasons behind the proposed regulations.

(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.

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Section § 7652.2

This law allows the director to change or cancel fishing regulations if needed to match federal laws for the best results in California's fishing industry. Before making such changes, the director must hold public hearings in the affected area and inform both the public and specific legislative committees. During the hearings, the director will review how the proposed changes could impact the fishing industry and resource management. After the hearings, the director must report to the Legislature explaining the reasons for the changes.

(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.

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Section § 7652.3

This law states that before the director can set, change, or remove regulations related to this article, they must first hold a public hearing or hearings and then send a report to the Legislature. This report must be sent to the Chairperson of the Joint Committee on Fisheries and Aquaculture and the chairperson of the relevant policy committee in both houses of the Legislature.

(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.

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Section § 7653

When new regulations are made under Section 7652, the director must inform the Legislature about any changes needed in current statutes or regulations. This is to ensure that state laws align with fishery management plans approved by the secretary, and to prevent any negative impact on these plans.

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.

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Section § 7654

The California Legislature states that decisions by the Pacific Fishery Management Council have caused major economic harm to California's salmon and groundfish industries, wasted fish, and failed to properly manage these resources. This has particularly hurt the state's salmon fishery due to restrictive federal regulations. Additionally, the council's membership has been criticized for not including a commercial salmon troll fisherman and not representing the main fisheries affected by their plans.

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.

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Section § 7655

The state of California wants knowledgeable people to represent it on the Pacific Fishery Management Council. These representatives should come from a range of backgrounds, including commercial fishing, seafood processing, environmental groups, and science, to ensure diverse viewpoints. When the Governor nominates someone, these nominees should understand California's fishing sectors and resources. Before making nominations, the Governor can consult with various fishery and public interest groups for recommendations.

(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.

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