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Marine Life Management Act
The Act includes a number of innovative features.
- The MLMA applies not only to fish and shellfish taken by commercial and recreational fishermen, but to all marine wildlife.
- Rather than assuming that exploitation should continue until damage has become clear, the MLMA shifts the burden of proof toward demonstrating that fisheries and other activities are sustainable.
- Through the MLMA, the Legislature delegates greater management authority to the Fish and Game Commission and the California Department of Fish and Wildlife.
- Rather than focusing on single fisheries management, the MLMA requires an ecosystem perspective including the whole environment.
- The MLMA strongly emphasizes science-based management developed with the help of all those interested in California's marine resources.
The fishery management system established by the MLMA applies to four groups of fisheries.
- The nearshore finfish fishery and the white seabass fishery.
- Emerging fisheries - new and growing fisheries that are not currently subject to specific regulation.
- Those fisheries for which the Fish and Game Commission held some management authority before January 1, 1999. Future regulations affecting these fisheries will need to conform to the MLMA.
- Those commercial fisheries for which there is no statutory delegation of authority to the Commission and Department. (In the case of these fisheries, CDFW may prepare, and the Commission may adopt, a fishery management plan, but that plan cannot be implemented without a further delegation of authority through the legislative process.)
The MLMA sets out several underlying goals.
- Conserves Entire Systems: It is not simply exploited populations of marine life that are to be conserved, but the species and habitats that make up the ecosystem of which they are a part.
- Non-Consumptive Values: Marine life need not be consumed to provide important benefits to people, including aesthetic and recreational enjoyment as well as scientific study and education.
- Sustainability: Fisheries and other uses of marine living resources are to be sustainable so that long-term health is not sacrificed for short-term benefits.
- Habitat Conservation: The habitat of marine wildlife is to be maintained, restored or enhanced, and any damage from fishing practices is to be minimized.
- Restoration: Depressed fisheries are to be rebuilt within a specified time.
- Bycatch: The bycatch of marine living resources in fisheries is to be limited to acceptable types and amounts.
- Fishing Communities: Fisheries management should recognize the long-term interests of people dependent on fishing, and adverse impacts of management measures on fishing communities are to be minimized.
To meet these standards, the MLMA calls for using several basic tools.
- Science: Management is to be based on the best available scientific information as well as other relevant information. Lack of information should not greatly delay taking action. To help ensure the scientific soundness of decisions, key documents should be reviewed by experts.
- Constituent Involvement: The MLMA places a strong emphasis on decision-making that is open and that involves people who are interested in or affected by management measures.
- Fishery Management Plans: Rather than ad hoc and piecemeal decisions on individual fisheries, the aim is to base decisions on comprehensive reviews of fisheries and on clear objectives and measures for fostering sustainable fisheries. The vehicle for this objective is a fishery management plan.
- Master Plan: CDFW will prepare, and the Fish & Game Commission will adopt, a Master Plan that prioritizes fisheries according to the need for comprehensive management through fishery management plans.
- Status of the Fisheries Report: Annually, CDFW will prepare a report on the status of California's fisheries and the effectiveness of management programs.
Fisheries and Fishery Management Plans
As elsewhere in the United States and the world, the management of fisheries in California has generally been undertaken in a piecemeal fashion. Borrowing from experience with federal fishery management law, the MLMA has initiated a more comprehensive approach to fisheries management. The primary vehicle for this approach is the development of fishery management plans for all of the State's major recreational and commercial fisheries.
Fishery management plans (FMPs) are just that: planning documents. FMPs assemble information, analyses, and management alternatives that allow CDFW to provide a coherent package of information and management measures to the Fish & Game Commission.
Under the MLMA, FMPs are to include at least the seven following elements:
- Description of the fishery
- Fishery science and essential fishery information
- Basic fishery conservation measures
- Habitat provisions
- Bycatch and discards
- Overfishing and rebuilding
- Procedure for review and amendment of an FMP
The preparation of FMPs is a complex process that requires considerable research and discussion before adoption. Recognizing the size of this task, the Legislature called initially for the adoption of only two FMPs: one for the white seabass fishery and one for the nearshore finfish fishery.
Other legislation requires the preparation of recommendations for a squid management plan and an abalone recovery and management plan. Future FMPs will be prepared based on priorities identified in the Master Plan.
- Lessons Learned from California's Marine Life Management Act
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