SECTION 1. This article shall be known and may be cited as the
Marine Resources Protection Act of 1990.
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 2. (a) "District" means a fish and game district as defined in
the Fish and Game Code by statute on January 1, 1990.
(b) Except as specifically provided in this article, all
references to Fish and Game Code sections, articles, chapters, parts,
and divisions are defined as 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.
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CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 3. (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 of Fish and Game
pursuant to Section 5.
(b) On and after January 1, 1994, gill nets and trammel nets shall
not be used in the zone.
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 4. (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 the
effective date of this article, the use of gill nets and trammel nets
shall be regulated by the provisions of 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
of the Fish and Game Code, 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) through
(f), inclusive of Section 8681.5 of the Fish and Game Code, 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 and/or possession of gill nets or trammel nets. The
Director of the Department of Fish and Game 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.
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 5. The Department of Fish and Game shall issue a permit to use
a gill net or trammel net in the zone for the period specified in
subdivision (a) of Section 3 to any applicant who meets both of the
following requirements:
(a) Has a commercial fishing license issued pursuant to Sections
7850-7852.3 of the Fish and Game Code.
(b) Has a permit issued pursuant to Section 8681 of the Fish and
Game Code and is presently the owner or operator of a vessel equipped
with a gill net or trammel net.
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 6. The Department of Fish and Game shall charge the following
fees for permits issued pursuant to Section 5 pursuant to the
following schedule:
Calendar Year Fee
1991 $250
1992 500
1993 1,000
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 7. (a) Within 90 days after the effective date of this
section, every person who intends to seek the compensation provided
in subdivision (b) shall notify the Department of Fish and Game, on
forms provided by the department, of that intent. Any person who
does not submit the form within that 90-day period shall not be
compensated pursuant to subdivision (b). The department shall
publish a list of all persons submitting the form within 120 days
after the effective date of this section.
(b) After July 1, 1993, and before January 1, 1994, any person who
holds a permit issued pursuant to Section 5 and operates in the zone
may surrender that permit to the department and agree to permanently
discontinue fishing with gill or trammel nets in the zone, for which
he or she shall receive, beginning on July 1, 1993, a one time
compensation which shall be based upon the average annual ex vessel
value of the fish other than any species of rockfish landed by a
fisherman, which were taken pursuant to a valid general gill net or
trammel net permit issued pursuant to Sections 8681 and 8682 of the
Fish and Game Code within the zone during the years 1983 to 1987,
inclusive. The department shall verify those landings by reviewing
logs and landing receipts submitted to it. Any person who is denied
compensation by the department as a result of the department's
failure to verify landings may appeal that decision to the Fish and
Game Commission.
(c) The State Board of Control shall, prior to the disbursement of
any funds, verify the eligibility of each person seeking
compensation and the amount of the compensation to be provided in
order to ensure compliance with this section.
(d) Unless the Legislature enacts any required enabling
legislation to implement this section on or before July 1, 1993, no
compensation shall be paid under this article.
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 8. (a) There is hereby created the Marine Resources Protection
Account in the Fish and Game Preservation Fund. On and after
January 1, 1991, the Department of Fish and Game shall collect any
and all fees required by this article. All fees received by the
department pursuant to this article shall be deposited in the account
and shall be expended or encumbered to compensate persons who
surrender permits pursuant to Section 7 or to provide for
administration of this article. All funds received by the department
during any fiscal year pursuant to this article which are not
expended during that fiscal year to compensate persons as set forth
in Section 7 or to provide for administration of this article shall
be carried over into the following fiscal year and shall be used only
for those purposes. All interest accrued from the department's
retention of fees received pursuant to this article shall be credited
to the account. The accrued interest may only be expended for the
purposes authorized by this article. The account shall continue in
existence, and the requirement to pay fees under this article shall
remain in effect, until the compensation provided in Section 7 has
been fully funded or until January 1, 1995, whichever occurs first.
(b) An amount, not to exceed 15 percent of the total annual
revenues deposited in the account excluding any interest accrued or
any funds carried over from a prior fiscal year may be expended for
the administration of this article.
(c) In addition to a valid California sportfishing license issued
pursuant to Sections 7149, 7149.1 or 7149.2 of the Fish and Game Code
and any applicable sport license stamp issued pursuant to the Fish
and Game Code, a person taking fish from ocean waters south of a line
extending due west from Point Arguello for sport purposes shall have
permanently affixed to that person's sportfishing license a marine
resources protection stamp which may be obtained from the department
upon payment of a fee of three dollars ($3). This subdivision does
not apply to any one-day fishing license.
(d) In addition to a valid California commercial passenger fishing
boat license required by Section 7920 of the Fish and Game Code, the
owner of any boat or vessel who, for profit, permits any person to
fish from the boat or vessel in ocean waters south of a line
extending due west from Point Arguello, shall obtain and permanently
affix to the license a commercial marine resources protection stamp
which may be obtained from the department upon payment of a fee of
three dollars ($3).
(e) The department may accept contributions or donations from any
person who wishes to donate money to be used for the compensation of
commercial gill net and trammel net fishermen who surrender permits
under this article.
(f) This section shall become inoperative on January 1, 1995.
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 9. 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 Fish and Game Commission, be
used to provide grants to colleges, universities and other bonafide
scientific research groups to fund marine resource related scientific
research within the ecological reserves established by Section 14 of
this act.
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 10. On or before December 31 of each year, the Director of
Fish and Game shall prepare and submit a report to the Legislature
regarding the implementation of this article including an accounting
of all funds.
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 11. It is unlawful for any person to take, possess, receive,
transport, purchase, sell, barter, or process any fish obtained in
violation of this article.
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 12. To increase the State's scientific and biological
information on the ocean fisheries of this State, the Department of
Fish and Game 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.
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 13. (a) The penalty for a first violation of the provisions of
Sections 3 and 4 of this article is a fine of not less than one
thousand dollars ($1,000) and not more than five thousand dollars
($5,000) and a mandatory suspension of any license, permit or stamp
to take, receive, transport, purchase, sell, barter or process fish
for commercial purposes for six months. The penalty for a second or
subsequent violation of the provisions of Sections 3 and 4 of this
article is a fine of not less than two thousand five hundred dollars
($2,500) and not more than ten thousand dollars ($10,000) and a
mandatory suspension of any license, permit or stamp to take,
receive, transport, purchase, sell, barter, or process fish for
commercial purposes for one year.
(b) Notwithstanding any other provisions of law, a violation of
Section 8 of this article shall be deemed a violation of the
provisions of Section 7145 of the Fish and Game Code and the penalty
for such violation shall be consistent with the provisions of Section
12002.2 of said code.
(c) If a person convicted of a violation of Section 3, 4, or 8 of
this article is granted probation, the court shall impose as a term
or condition of probation, in addition to any other term or condition
of probation, that the person pay at least the minimum fine
prescribed in this section.
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 14. Prior to January 1, 1994, the Fish and Game 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.
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 15. This article does not preempt or supersede any other
closures to protect any other wildlife, including sea otters, whales,
and shorebirds.
CALIFORNIA CONSTITUTION
ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990
SEC. 16. 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
severable.
Last modified: January 4, 2019