Article 1.4. Marine Resources Protection Act Of 1990 of California Fish And Game Code >> Division 6. >> Part 3. >> Chapter 3. >> Article 1.4.
The Marine Resources Protection Act of 1990 (Art. X B, Cal.
Const.) was adopted as an initiative constitutional amendment at the
November 6, 1990, general election. This article codifies and
implements that initiative constitutional amendment.
(a) "District" for the purposes of this article and of
Article X B of the California Constitution means a fish and game
district as defined in this code on January 1, 1990.
(b) Except as specifically provided in this article, all
references to sections, articles, chapters, parts, and divisions of
this code are to those statutes in effect on January 1, 1990.
(c) "Ocean waters" means the waters of the Pacific Ocean regulated
by the state.
(d) "Zone" means the Marine Resources Protection Zone established
pursuant to this article. The zone consists of the following:
(1) In waters less than 70 fathoms or within one mile, whichever
is less, around the Channel Islands consisting of the Islands of San
Miguel, Santa Rosa, Santa Cruz, Anacapa, San Nicolaus, Santa Barbara,
Santa Catalina, and San Clemente.
(2) The area within three nautical miles offshore of the mainland
coast, and the area within three nautical miles off any manmade
breakwater, between a line extending due west from Point Arguello and
a line extending due west from the Mexican border.
(3) In waters less than 35 fathoms between a line running 180
degrees true from Point Fermin and a line running 270 degrees true
from the south jetty of Newport Harbor.
(a) From January 1, 1991, to December 31, 1993, inclusive,
gill nets or trammel nets may only be used in the zone pursuant to a
nontransferable permit issued by the department pursuant to Section
(b) On and after January 1, 1994, gill nets and trammel nets shall
not be used in the zone.
(a) Notwithstanding any other provision of law, gill nets
and trammel nets may not be used to take any species of rockfish.
(b) In ocean waters north of Point Arguello on and after November
7, 1990, the use of gill nets and trammel nets shall be regulated by
Article 4 (commencing with Section 8660), Article 5 (commencing with
Section 8680) and Article 6 (commencing with Section 8720) of Chapter
3 of Part 3 of Division 6, or any regulation or order issued
pursuant to these articles, in effect on January 1, 1990, except that
as to Sections 8680, 8681, 8681.7, and 8682, and subdivisions (a) to
(f), inclusive, of Section 8681.5, or any regulation or order issued
pursuant to these sections, the provisions in effect on January 1,
1989, shall control where not in conflict with other provisions of
this article, and shall be applicable to all ocean waters.
Notwithstanding the provisions of this section, the Legislature shall
not be precluded from imposing more restrictions on the use or
possession of gill nets or trammel nets. The director shall not
authorize the use of gill nets or trammel nets in any area where the
use is not permitted even if the director makes specified findings.
The department shall issue a permit to use a gill net or
trammel net in the zone for the period specified in subdivision (a)
of Section 8610.3 to any applicant who meets both of the following
(a) Has a commercial fishing license issued pursuant to Sections
7850 to 7852.3, inclusive.
(b) Has a permit issued pursuant to Section 8681 and is presently
the owner or operator of a vessel equipped with a gill net or trammel
The department shall charge the following fees for permits
issued pursuant to Section 8610.5 pursuant to the following schedule:
Calendar Year Fee
1991 $ 250
Any funds remaining in the Marine Resources Protection
Account in the Fish and Game Preservation Fund on or after January 1,
1995, shall, with the approval of the commission, be used to provide
grants to colleges, universities, and other bona fide scientific
research groups to fund marine resource related scientific research
within the ecological reserves established by Section 8610.14. An
amount, not to exceed 15 percent of the total funds remaining in that
account on or after January 1, 1995, may be expended for the
administration of this section.
It is unlawful for any person to take, possess, receive,
transport, purchase, sell, barter, or process any fish obtained in
violation of this article.
To increase the state's scientific and biological
information on the ocean fisheries of this state, the department
shall establish a program whereby it can monitor and evaluate the
daily landings of fish by commercial fishermen who are permitted
under this article to take these fish. The cost of implementing this
monitoring program shall be borne by the commercial fishing industry.
The penalty for a violation of Section 8610.3 or 8610.4 is
as specified in Section 12003.5.
(a) Prior to January 1, 1994, the commission shall
establish four new ecological reserves in ocean waters along the
mainland coast. Each ecological reserve shall have a surface area of
at least two square miles. The commission shall restrict the use of
these ecological reserves to scientific research relating to the
management and enhancement of marine resources, including, but not
limited to, scientific research as it relates to sportfishing and
Recreational uses, including, but not limited to, hiking, walking,
viewing, swimming, diving, surfing, and transient boating are not in
conflict with this section.
(b) Prior to establishing the four ecological reserves, the
commission shall conduct a public hearing at each of the recommended
sites or at the nearest practicable location.
(c) On and after January 1, 2002, the four ecological reserves
established pursuant to subdivision (a) shall be called state marine
reserves, unless otherwise reclassified pursuant to Section 2855, and
shall become part of the state system of marine managed areas.
This article does not preempt or supersede any other
closures to protect any other wildlife, including sea otters, whales,
If any provision of this article or the application
thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of this
article which can be given effect without the invalid provision or
application, and to this end the provisions of this article are