§ 13-0105. Marine fisheries conservation and management.\n 1.
(a)It is the policy of the state that the primary principle in\nmanaging the state's marine fishery resource is to maintain the\nlong-term health and abundance of marine fisheries resources and their\nhabitats, and to ensure that the resources are sustained in usable\nabundance and diversity for future generations. Utilization and\nallocation of available resources will be administered consistent with\nthe restoration and maintenance of healthy stocks and habitats. The\nstate shall actively manage its marine fisheries and shall endeavor to:\nprotect and conserve habitats; restore habitats in areas where they have\nbeen degraded; and maintain water quality at a level that will foster\noccurrence and abundance of marine resource
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§ 13-0105. Marine fisheries conservation and management.\n 1. (a) It is the policy of the state that the primary principle in\nmanaging the state's marine fishery resource is to maintain the\nlong-term health and abundance of marine fisheries resources and their\nhabitats, and to ensure that the resources are sustained in usable\nabundance and diversity for future generations. Utilization and\nallocation of available resources will be administered consistent with\nthe restoration and maintenance of healthy stocks and habitats. The\nstate shall actively manage its marine fisheries and shall endeavor to:\nprotect and conserve habitats; restore habitats in areas where they have\nbeen degraded; and maintain water quality at a level that will foster\noccurrence and abundance of marine resources. The state shall optimize\nthe benefits of resource use so as to provide valuable recreational\nexperiences and viable business opportunities for commercial and\nrecreational fisheries.\n (b) The marine fisheries conservation and management policy shall be\ncarried out through achievement of the following objectives:\n (1) the state shall strive to obtain the best possible scientific\ninformation through research and monitoring of the resources;\n (2) the state shall use the best available scientific information in\nmanaging the resources;\n (3) the state recognizes that an informed public is integral to the\nmanagement system and shall inform and involve constituents in\nmanagement decisions;\n (4) the management of the state's transboundary and migratory species\nshall be consistent with any interjurisdictional management plans,\ninterstate or state-federal;\n (5) in the event that fishery conservation and management require\nactions that result in resource allocation impacts, the state shall\nendeavor to assure such allocation impacts are distributed equitably\namong user groups, giving priority to existing fisheries within the\nstate;\n (6) the state shall minimize waste and reduce discard mortality of\nmarine fishery resources;\n (7) the state shall investigate and encourage the development of\naquaculture of economically important species, both to relieve pressure\non and enhance wild stocks and to provide economic opportunity;\n (8) the state shall encourage and, when feasible, provide access to\nthe state's marine fishery resources consistent with marine fisheries\nconservation and management policy; and\n (9) the state recognizes that adequate law enforcement services are\nintegral to the success of any marine resource management program and\nshall endeavor to provide the necessary law enforcement services to\nensure the protection of the resources and compliance of users with laws\nand regulations designed to manage and allocate those resources.\n 2. Prior to proposing regulations for the management of marine fish,\nmollusks (Phylum mollusca) or crustaceans (Class crustacea) found in the\nmarine and coastal district, the department shall identify recreational\nand commercial fisheries interests which may be affected by the proposed\nregulations and directly consult with such interests. Such consultation\nmay include, as appropriate, the conduct of meetings with invited\nrepresentatives of fisheries interests, public information meetings,\npublic hearings, direct mailings of information and public comment\nsolicitations, and publication of proposals and comment solicitations in\ntrade publications, and other measures. Such consultation shall include\na meeting with the marine resources advisory council. No consultation\nshall be required prior to proposing emergency regulations.\n 3. (a) In reviewing proposed regulations, the council may request\ncomments from harvesters of marine fisheries and the commercial and\nrecreational fishing industries.\n (b) The council shall express its advice to the department as the\nresult of a vote of the membership on a recommendation that the proposed\nregulations be adopted, not adopted, or adopted with specified\nrevisions.\n (c) In making its final decision on such regulations, the department\nshall be guided by the recommendations of the marine resources advisory\ncouncil and, consistent with the marine fisheries conservation and\nmanagement policy set forth in subdivision one of this section and the\nrequirements of subparagraph three of paragraph (b) of subdivision one\nof this section, shall endeavor to incorporate such recommendations in\nthe final rulemaking. The department's assessment of public comment\npublished in the state register shall set forth the council's\nrecommendations and an explanation of the department's final decision in\nregard to such recommendations and the requirements of this section.\n