Emerging Fishery

The MLMA definition in regard to a marine fishery, means both of the following:

1. A fishery that the director has determined is an emerging fishery, based on criteria that are approved by the commission and are related to a trend of increased landings or participants in the fishery and the degree of existing regulation of the
2. A fishery that is not an established fishery. “Established fishery,” in regard to a marine fishery, means, prior to January 1, 1999, one or more of the following:

1. A restricted access fishery has been established in this code or in regulations adopted by the commission.
2. A fishery, for which a federal fishery management plan exists, and in which the catch is limited within a designated time
3. A fishery for which a population estimate and catch quota is established
4. A fishery for which regulations for the fishery are considered at least biennially by the commission.
5. A fishery for which this code or regulations adopted by the commission prescribes at least two management measures developed for the purpose of sustaining the fishery. Management measures include minimum or maximum size limits, seasons, time, gear, area restriction, and prohibition on sale or possession of fish.