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FGC Sec 7075-7078 Fishery Management Plan Preparation, Approval, and Regulations CONSERVATION AND MANAGEMENT OF MARINE LIVING RESOURCES (Fish)
FISH AND GAME CODE
7075. (a) The department shall prepare fishery management plans and
plan amendments, including any proposed regulations necessary to
implement plans or plan amendments, to be submitted to the commission
for adoption or rejection. Prior to submitting a plan or plan
amendment, including any proposed regulations necessary for
implementation, to the commission, the department shall submit the
plan to peer review pursuant to Section 7062, unless the department
determines that peer review of the plan or plan amendment may be
exempted pursuant to subdivision (c). If the department makes that
determination, it shall submit its reasons for that determination to
the commission with the plan. If the commission rejects a plan or
plan amendment, including proposed regulations necessary for
implementation, the commission shall return the plan or plan
amendment to the department for revision and resubmission together
with a written statement of reasons for the rejection. The
department shall revise and resubmit the plan or plan amendment to
the commission within 90 days of the rejection. The revised plan or
plan amendment shall be subject to the review and adoption
requirements of this chapter.
(b) The department may contract with qualified individuals or
organizations to assist in the preparation of fishery management
plans or plan amendments.
(c) The commission, with the advice of the department and
consistent with Section 7059, shall adopt criteria to be applied in
determining whether a plan or plan amendment may be exempted from
(d) Fishery participants and their representatives, fishery
scientists, or other interested parties may propose plan provisions
or plan amendments to the department or commission. The commission
shall review any proposal submitted to the commission and may
recommend to the department that the department develop a fishery
management plan or plan amendment to incorporate the proposal.
7076. (a) To the extent practicable, and consistent with Section
7059, the department shall seek advice and assistance in developing a
fishery management plan from participants in the affected fishery,
marine scientists, and other interested parties. The department
shall also seek the advice and assistance of other persons or
entities that it deems appropriate, which may include, but is not
limited to, Sea Grant, the National Marine Fisheries Service, the
Pacific States Marine Fisheries Commission, the Pacific Fishery
Management Council, and any advisory committee of the department.
(b) In the case of a fishery management plan or a plan amendment
that is submitted to peer review, the department shall provide the
peer review panel with any written comments on the plan or plan
amendment that the department has received from fishery participants
and other interested parties.
7077. A fishery management plan or plan amendment, or proposed
regulations necessary for implementation of a plan or plan amendment,
developed by the department shall be available to the public for
review at least 30 days prior to a hearing on the management plan or
plan amendment by the commission. Persons requesting to be notified
of the availability of the plan shall be notified in sufficient time
to allow them to review and submit comments at or prior to a hearing.
Proposed plans and plan amendments and hearing schedules and
agendas shall be posted on the department's Internet website.
7078. (a) The commission shall hold at least two public hearings on
a fishery management plan or plan amendment prior to the commission'
s adoption or rejection of the plan.
(b) The plan or plan amendment shall be heard not later than 60
days following receipt of the plan or plan amendment by the
commission. The commission may adopt the plan or plan amendment at
the second public hearing, at the commission's meeting following the
second public hearing, or at any duly noticed subsequent meeting,
subject to subdivision (c).
(c) When scheduling the location of a hearing or meeting relating
to a fishery management plan or plan amendment, the commission shall
consider factors, including, among other factors, the area of the
state, if any, where participants in the fishery are concentrated.
(d) Notwithstanding Section 7550.5 of the Government Code, prior
to the adoption of a fishery management plan or plan amendment that
would make inoperative a statute, the commission shall provide a copy
of the plan or plan amendment to the Legislature for review by the
Joint Committee on Fisheries and Aquaculture or, if there is no such
committee, to the appropriate policy committee in each house of the
(e) The commission shall adopt any regulations necessary to
implement a fishery plan or plan amendment no more than 60 days
following adoption of the plan or plan amendment. All implementing
regulations adopted under this subdivision shall be adopted as a
regulation pursuant to the rulemaking provisions of the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
The commission's adoption of regulations to implement a fishery
management plan or plan amendment shall not trigger an additional
review process under the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
(f) Regulations adopted by the commission to implement a plan or
plan amendment shall specify any statute or regulation of the
commission that is to become inoperative as to the particular
fishery. The list shall designate each statute or regulation by
individual section number, rather than by reference to articles or