General Provisions and DefinitionsMarine 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.