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The provisions of the MLMA are limited geographically [7051(a)]. Unless the authority already existed on January 1, 1999, the MLMA's provisions apply only to ocean and bay waters and not upstream from the mouths of rivers. As mentioned above, the state may manage fishing outside of state waters in certain circumstances.
The fishery management system established by the MLMA applies to four groups of fisheries [7051(b) and 7071(a), (b), and(c)].
The first group includes those fisheries for which the Commission held some management authority before January 1, 1999. This group includes all sport fisheries and commercial fishing for the species listed in the Introduction.
Future new regulations affecting these fisheries will need to conform to the MLMA. For example, the constituent involvement standards of the MLMA would apply if new regulations are developed for the commercial sea urchin fishery. Similarly, if a fishery management plan is developed for the recreational and commercial lobster fishery, it will need to follow the fishery management plan process and design in the MLMA.
The second group of fisheries includes the nearshore finfish fishery and the white seabass fishery [7071(c)]. The MLMA calls for the development and adoption of a fishery management plan for each of these fisheries by January 2002.
The third group of fisheries comprises so-called emerging fisheries-that is, new and growing fisheries that are not currently subject to specific regulation [7071(c) and 7090]. The Commission must adopt criteria for identifying emerging fisheries before it may regulate them.
The final group of fisheries are those commercial fisheries for which their is no statutory delegation of authority to the Commission and Department. In the case of these fisheries, the Department 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.
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