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Dan Bacher

Governor Signs Trawl Bill, Other Environmental Legislation Into Law

October 22, 2004
By Dan Bacher

More Editorials By Dan Bacher

The Governor on September 23 signed ten environmental protection bills, including several aiming to preserve and restore California fisheries. The most important of these were a bill to limit the highly destructive practice of bottom trawling, SB 1459 (Alpert), and the California Ocean Protection Act, SB 1319 (Burton and Alpert).

SB 1459- which goes into law on January 1, 2005 - puts all state bottom trawl fisheries under the management of the California Fish and Game Commission. It establishes a permitting system for bottom trawl fisheries and restricts areas where bottom trawling is allowed in state waters.

Tom Raftican, president of United Anglers of California, and other recreational fishing group representatives commended the governor for the passage of SB 1319. "With a stroke of his pen, California Governor Arnold Schwarzenegger struck a mighty blow on behalf of our fish and our oceans," said Raftican.

Zeke Grader, executive director of the Pacific Coast Federation of Fishermen's Associations, supported the legislation also. "SB 1319 addresses the concerns of conservation and some fishing groups on the impact of trawling on ocean fish and habitat," said Grader. "As the same time, it keeps open critical fishing grounds for a small group of trawlers that is trying to fish sustainably."

The Governor signed the legislation, recently passed by the Senate, due to unprecedented cooperation by UASC, PCFFA and other recreational fishing and environmental groups. Other groups supporting the legislation include United Anglers of California (UAC), Oceana, The Ocean Conservancy, the Natural Resources Defense Council, and the Coastside Fishing Club.

Trawl nets, often referred to by conservation groups as the "clear cutters" of the sea, are a destructive kind of gear that scrape the ocean floor, scooping up everything, including unwanted fish and sea organisms, into them. California has already banned bottom trawling from most state waters (0 to 3 miles from shore), but it sill oversees several bottom trawl fisheries that operate in patches of state waters and outside their bounds.

According to the National Resources Defense Council, this legislation will:

  • improve management of bottom trawl fisheries under state oversight.
  • encourage the development of less destructive, more sustainable fishing gears and practices.
  • authorize the state to recoup the cost of better management through permit fees.

"This signals an important shift to an ecosystem based approach to fisheries management," said Raftican, "examining not only what comes up in the nets, but the damage done by tons of gear as it is scraped across the sea floor. Most importantly, is signals the beginning of the end for destructive trawling as we know it today."

Protections for critical habitat under SB 1459 will go a long way to help California's beleaguered rockfish. UASC has taken the position that widespread damage to rockfish breeding and rearing habitat cause by bottom trawling gear was an overlooked, key factor in the depletion of California rockfish populations.

"As California sportfishermen are all too aware, reduction of rockfish stocks has led to increasing restrictions, seasonal closures and even total fishing bans in some areas. It's important that we fix this problem at its root. By ridding our oceans of destructive industrial fishing gear such as pelagic longlines, gillnets and bottom trawls, we're starting to do this," added Raftican.

"Congratulations to UASC and Tom Raftican on making this happen," said Darrell Ticehurst, Pacific Fishery Management Council member and Coastside Fishing Club board member. "This bill will protect our nearshore environment at a particularly critical point when the nearshore is so very valuable to us."

The California Ocean Protection Act (COPA) builds on the recommendations of two national commissions, the U.S. Commission on Ocean Policy and the Pew Oceans Commission, that both call for urgent action to protect our oceans from wasteful fishing practices, pollution and habitat destruction. SB 1319 creates a state Ocean Protection Council to oversee and coordinate management of California's ocean resources. The bill improves marine management by shifting the focus from individual species to entire ecosystems and creates an Ocean Protection Trust Fund.

UASC, UAC and PCFFA supported COPA after amendments were made to eliminate marine reserve language from the legislation. UASC worked closely with the bill's authors to ensure that it treated recreational anglers fairly, with language that provides for "public access to the ocean and ocean resources, including to marine protected areas, for recreational use," according to Raftican.

"I'm real pleased that the Governor had the guts to sign SB 1319 and SB1459," said Bob Strickland, president of UAC. "Both bills are important steps towards creating sustainable fisheries

Other groups, including the Recreational Fishing Alliance, Coastside Fishing Club, Alliance for Sustainable Fishing Communities and Sportfishing Association of California, opposed the bill. "SB 1319 creates a huge, redundant bureaucracy. It's a boondoggle," said Jim Martin, West Coast Director of RFA.

Environmental groups believe that the passage of SB 1319 and SB 1459 is not only significant for California, but for the rest of the nation. "California is leading the way for other ocean states and for badly needed reforms at the national level," said Karen Garrison, NRDC ocean program co-director.

Other legislation signed by the Governor includes the Delta Water Use bill (SB 1155 - Machado) and Sierra Nevada Conservancy bill (AB 2600 - Leslie and Laird). Machado's bill requires the state Department of Water Resources to develop a plan to meet water quality standards for the San Francisco Bay-Delta. Leslie and Laird's bill establishes a Sierra Nevada Conservancy to protect vital resources in the Sierra Nevada by making grants to acquire and manage land for various public purposes.

The Governor vetoed an important bill, AB 2146, designed to create a more sustainable commercial crab fishery by limiting the number of crab traps on the ocean, added Zeke Grader.

Grader cautioned about the need for the public to carefully monitor the implementations of the Ocean Protection Act, SB 1459 and other legislation.

"Whether these bills will actually be beneficial to California fisheries depend on their implementation by the DFG and Fish and Game Commission," he emphasized. "Passage of the bills is only the first step."

 

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