SECTIONS 2850-2863

2850.  This chapter shall be known and may be cited as the MarineLife Protection Act.2851.  The Legislature finds and declares all of the following: (a) California's marine protected areas (MPAs) were established ona piecemeal basis rather than according to a coherent plan and soundscientific guidelines. Many of these MPAs lack clearly definedpurposes, effective management measures and enforcement. As a result,the array of MPAs creates the illusion of protection while fallingfar short of its potential to protect and conserve living marine lifeand habitat. (b) California's extraordinary marine biological diversity is avital asset to the state and nation. The diversity of species andecosystems found in the state's ocean waters is important to publichealth and well-being, ecological health, and ocean-dependentindustry. (c) Coastal development, water pollution, and other humanactivities threaten the health of marine habitat and the biologicaldiversity found in California's ocean waters. New technologies anddemands have encouraged the expansion of fishing and other activitiesto formerly inaccessible marine areas that once recharged nearbyfisheries. As a result, ecosystems throughout the state's oceanwaters are being altered, often at a rapid rate. (d) Fish and other sea life are a sustainable resource, andfishing is an important community asset. MPAs and sound fisherymanagement are complementary components of a comprehensive effort tosustain marine habitats and fisheries. (e) Understanding of the impacts of human activities and theprocesses required to sustain the abundance and diversity of marinelife is limited. The designation of certain areas as sea lifereserves can help expand our knowledge by providing baselineinformation and improving our understanding of ecosystems whereminimal disturbance occurs. (f) Marine life reserves are an essential element of an MPA systembecause they protect habitat and ecosystems, conserve biologicaldiversity, provide a sanctuary for fish and other sea life, enhancerecreational and educational opportunities, provide a reference pointagainst which scientists can measure changes elsewhere in the marineenvironment, and may help rebuild depleted fisheries. (g) Despite the demonstrated value of marine life reserves, only14 of the 220,000 square miles of combined state and federal oceanwater off California, or six-thousandths of 1 percent, are set asideas genuine no take areas. (h) For all of the above reasons, it is necessary to modify theexisting collection of MPAs to ensure that they are designed andmanaged according to clear, conservation-based goals and guidelinesthat take full advantage of the multiple benefits that can be derivedfrom the establishment of marine life reserves.2852.  The following definitions govern the construction of thischapter: (a) "Adaptive management," with regard to marine protected areas,means a management policy that seeks to improve management ofbiological resources, particularly in areas of scientificuncertainty, by viewing program actions as tools for learning.Actions shall be designed so that, even if they fail, they willprovide useful information for future actions, and monitoring andevaluation shall be emphasized so that the interaction of differentelements within marine systems may be better understood. (b) "Biogeographical regions" refers to the following oceanic ornear shore areas, seaward from the mean high tide line or the mouthof coastal rivers, with distinctive biological characteristics,unless the master plan team establishes an alternative set ofboundaries: (1) The area extending south from Point Conception. (2) The area between Point Conception and Point Arena. (3) The area extending north from Point Arena. (c) "Marine protected area" (MPA) means a named, discretegeographic marine or estuarine area seaward of the mean high tideline or the mouth of a coastal river, including any area ofintertidal or subtidal terrain, together with its overlying water andassociated flora and fauna that has been designated by law,administrative action, or voter initiative to protect or conservemarine life and habitat. An MPA includes marine life reserves andother areas that allow for specified commercial and recreationalactivities, including fishing for certain species but not others,fishing with certain practices but not others, and kelp harvesting,provided that these activities are consistent with the objectives ofthe area and the goals and guidelines of this chapter. MPAs areprimarily intended to protect or conserve marine life and habitat,and are therefore a subset of marine managed areas (MMAs), which arebroader groups of named, discrete geographic areas along the coastthat protect, conserve, or otherwise manage a variety of resourcesand uses, including living marine resources, cultural and historicalresources, and recreational opportunities. (d) "Marine life reserve," for the purposes of this chapter, meansa marine protected area in which all extractive activities,including the taking of marine species, and, at the discretion of thecommission and within the authority of the commission, otheractivities that upset the natural ecological functions of the area,are prohibited. While, to the extent feasible, the area shall be opento the public for managed enjoyment and study, the area shall bemaintained to the extent practicable in an undisturbed and unpollutedstate.2853.  (a) The Legislature finds and declares that there is a needto reexamine and redesign California's MPA system to increase itscoherence and its effectiveness at protecting the state's marinelife, habitat, and ecosystems. (b) To improve the design and management of that system, thecommission, pursuant to Section 2859, shall adopt a Marine LifeProtection Program, which shall have all of the following goals: (1) To protect the natural diversity and abundance of marine life,and the structure, function, and integrity of marine ecosystems. (2) To help sustain, conserve, and protect marine lifepopulations, including those of economic value, and rebuild thosethat are depleted. (3) To improve recreational, educational, and study opportunitiesprovided by marine ecosystems that are subject to minimal humandisturbance, and to manage these uses in a manner consistent withprotecting biodiversity. (4) To protect marine natural heritage, including protection ofrepresentative and unique marine life habitats in California watersfor their intrinsic value. (5) To ensure that California's MPAs have clearly definedobjectives, effective management measures, and adequate enforcement,and are based on sound scientific guidelines. (6) To ensure that the state's MPAs are designed and managed, tothe extent possible, as a network. (c) The program may include areas with various levels ofprotection, and shall include all of the following elements: (1) An improved marine life reserve component consistent with theguidelines in subdivision (c) of Section 2857. (2) Specific identified objectives, and management and enforcementmeasures, for all MPAs in the system. (3) Provisions for monitoring, research, and evaluation atselected sites to facilitate adaptive management of MPAs and ensurethat the system meets the goals stated in this chapter. (4) Provisions for educating the public about MPAs, and foradministering and enforcing MPAs in a manner that encourages publicparticipation. (5) A process for the establishment, modification, or abolishmentof existing MPAs or new MPAs established pursuant to this program,that involves interested parties, consistent with paragraph (7) ofsubdivision (b) of Section 7050, and that facilitates the designationof MPAs consistent with the master plan adopted pursuant to Section2855.2854. The workgroup shall, after appropriate consultation withmembers of the public, determine future actions for implementing therecommendations of its final report.2855.  (a) The commission shall adopt a master plan that guides theadoption and implementation of the Marine Life Protection Programadopted pursuant to Section 2853 and decisions regarding the sitingof new MPAs and major modifications of existing MPAs. The plan shallbe based on the best readily available science. (b) (1) The department shall prepare, or by contract shall causeto be prepared, a master plan in accordance with this subdivision. Inorder to take full advantage of scientific expertise on MPAs, thedepartment shall convene a master plan team to advise and assist inthe preparation of the master plan, or hire a contractor withrelevant expertise to assist in convening such a team. (2) The team members convened pursuant to this subdivision shallhave expertise in marine life protection and shall be knowledgeableabout the use of protected areas as a marine ecosystem managementtool. The members shall also be familiar with underwater ecosystemsfound in California waters, with the biology and habitat requirementsof major species groups in the state's marine waters, and with waterquality and related issues. (3) The team shall be composed of the following individuals: (A) Staff from the department, the Department of Parks andRecreation, and the State Water Resources Control Board, to bedesignated by each of those departments. (B) Five to seven members who shall be scientists, one of whom mayhave expertise in the economics and culture of California coastalcommunities. (C) One member, appointed from a list prepared by Sea Grant marineadvisers, who shall have direct expertise with ocean habitat and sealife in California marine waters. (4) The master plan shall be prepared with the advice, assistance,and involvement of participants in the various fisheries and theirrepresentatives, marine conservationists, marine scientists, andother interested persons. In preparing the master plan, thedepartment shall confer, to the extent feasible, with the commission,the Pacific Fishery Management Council, the National MarineFisheries Service, the United States Navy, the United StatesGeological Survey's national biological survey, staff from nationalmarine sanctuaries off California, Sea Grant researchers, marineadvisers, and national parks personnel. (5) The department may engage other experts to contribute to themaster plan, including scientists, geographic information system(GIS) experts, and commercial and recreational fishermen, divers, andother individuals knowledgeable about the state's underwaterecosystems, the history of fishing effort or MPA management, or otherrelevant subjects. (c) The department and team, in carrying out this chapter, shalltake into account relevant information from local communities, andshall solicit comments and advice for the master plan from interestedparties on issues including, but not necessarily limited to, each ofthe following: (1) Practical information on the marine environment and therelevant history of fishing and other resources use, areas wherefishing is currently prohibited, and water pollution in the state'scoastal waters. (2) Socioeconomic and environmental impacts of variousalternatives. (3) Design of monitoring and evaluation activities. (4) Methods to encourage public participation in the stewardshipof the state's MPAs.2856.  (a) (1) The department and team shall use the best readilyavailable scientific information in preparing the master plan adoptedpursuant to Section 2855, and shall organize the location-specificcontents, where feasible, by biogeographical region. In preparing theplan, the department and team shall use and build upon the findingsof the Sea Grant survey of protected areas in California waters,which is entitled "California's Marine Protected Areas," the reportof the State Interagency Marine Managed Areas Workgroup, theDepartment of Parks and Recreation's planning information anddocuments regarding existing and potential underwater parks andreserves, maps and other information from the department's marinenearshore ecosystem mapping project, and other relevant planning andscientific materials. (2) The master plan shall include all of the following components: (A) Recommendations for the extent and types of habitat thatshould be represented in the MPA system and in marine life reserves.Habitat types described on maps shall include, to the extent possibleusing existing information, rocky reefs, intertidal zones, sandy orsoft ocean bottoms, underwater pinnacles, sea mounts, kelp forests,submarine canyons, and seagrass beds. (B) An identification of select species or groups of specieslikely to benefit from MPAs, and the extent of their marine habitat,with special attention to marine breeding and spawning grounds, andavailable information on oceanographic features, such as currentpatterns, upwelling zones, and other factors that significantlyaffect the distribution of those fish or shellfish and their larvae. (C) Recommendations to augment or modify the guidelines insubdivision (c) of Section 2857, if necessary to ensure that theguidelines reflect the most up-to-date science, including, forexample, recommendations regarding the minimum size of individualmarine life reserves needed to accomplish the various goals set forthin Section 2853. (D) Recommended alternative networks of MPAs, including marinelife reserves in each biogeographical region that are capable ofachieving the goals in Section 2853 and designed according to theguidelines in subdivision (c) of Section 2857. (E) A simplified classification system, which shall be consistentwith the goals of Section 2853 and the guidelines in subdivision (c)of Section 2857, and which may include protections for specifichabitats or species, if no system that meets these specifications hasalready been developed. (F) Recommendations for a preferred siting alternative for anetwork of MPAs that is consistent with the goals in Section 2853 andthe guidelines in subdivision (c) of Section 2857. (G) An analysis of the state's current MPAs, based on thepreferred siting alternative, and recommendations as to whether anyspecific MPAs should be consolidated, expanded, abolished,reclassified, or managed differently so that, taken as a group, theMPAs best achieve the goals of Section 2853 and conform to theguidelines in subdivision (c) of Section 2857. (H) Recommendations for monitoring, research, and evaluation inselected areas of the preferred alternative, including existing andlong-established MPAs, to assist in adaptive management of the MPAnetwork, taking into account existing and planned research andevaluation efforts. (I) Recommendations for management and enforcement measures forthe preferred alternative that apply systemwide or to specific typesof sites and that would achieve the goals of this chapter. (J) Recommendations for improving the effectiveness of enforcementpractices, including, to the extent practicable, the increased useof advanced technology surveillance systems. (K) Recommendations for funding sources to ensure all MPAmanagement activities are carried out and the Marine Life ProtectionProgram is implemented. (b) The team shall, as necessary, identify and define additionalappropriate components of the master plan as soon as possible afterenactment of this section.2857.  (a) On or before July 1, 2001, the department shall convene,in each biogeographical region and to the extent practicable nearmajor working harbors, siting workshops, composed of interestedparties, to review the alternatives for MPA networks and to provideadvice on a preferred siting alternative. The department and teamshall develop a preferred siting alternative that incorporatesinformation and views provided by people who live in the area andother interested parties, including economic information, to theextent possible while maintaining consistency with the goals ofSection 2853 and guidelines in subdivision (c) of this section. (b) The preferred alternative may include MPAs that will achieveeither or both of the following objectives: (1) Protection of habitat by prohibiting potentially damagingfishing practices or other activities that upset the naturalecological functions of the area. (2) Enhancement of a particular species or group of species, byprohibiting or restricting fishing for that species or group withinthe MPA boundary. (c) The preferred siting alternative shall include MPA networkswith an improved marine life reserve component, and shall be designedaccording to each of the following guidelines: (1) Each MPA shall have identified goals and objectives.Individual MPAs may serve varied primary purposes while collectivelyachieving the overall goals and guidelines of this chapter. (2) Marine life reserves in each bioregion shall encompass arepresentative variety of marine habitat types and communities,across a range of depths and environmental conditions. (3) Similar types of marine habitats and communities shall bereplicated, to the extent possible, in more than one marine lifereserve in each biogeographical region. (4) Marine life reserves shall be designed, to the extentpracticable, to ensure that activities that upset the naturalecological functions of the area are avoided. (5) The MPA network and individual MPAs shall be of adequate size,number, type of protection, and location to ensure that each MPAmeets its objectives and that the network as a whole meets the goalsand guidelines of this chapter. (d) The department and team, in developing the preferred sitingalternative, shall take into account the existence and location ofcommercial kelp beds. (e) The department and team may provide recommendations forphasing in the new MPAs in the preferred siting alternative.2858.  The department shall establish a process for external peerreview of the scientific basis for the master plan prepared pursuantto Section 2855. The peer review process may be based, to the extentpracticable, on the peer review process described in Section 7062.2859.  (a) On or before January 1, 2005, the department shall submitto the commission a draft of the master plan prepared pursuant tothis chapter. (b) On or before April 1, 2005, after public review, not less thanthree public meetings, and appropriate modifications of the draftplan, the department shall submit a proposed final master plan to thecommission. On or before December 1, 2005, the commission shalladopt a final master plan and a Marine Life Protection Program withregulations based on the plan and shall implement the program, to theextent funds are available. The commission's adoption of the planand a program based on the plan shall not trigger an additionalreview under the California Environmental Quality Act (Division 13(commencing with Section 21000) of the Public Resources Code). (c) The commission shall hold at least two public hearings on themaster plan and the Marine Life Protection Program prior to adoptingthe plan and program. The commission may adopt the plan and theprogram immediately following the second public hearing or at anyduly noticed subsequent meeting. (d) Upon the commission's adoption of the program, the commissionshall submit the master plan and program description, includingmarine life reserve and other MPA designations, to the JointCommittee on Fisheries and Aquaculture for review and comment. Uponreceipt of the plan, the joint committee shall have 60 days to reviewthe plan and to submit written recommendations to the commissionregarding the plan and program. The joint committee shall only submita recommendation to the commission if a majority of the membersagree to that recommendation. The commission shall consider allrecommendations submitted by the joint committee, and may amend theprogram to incorporate the recommendations. If the commission doesnot incorporate any recommendations submitted by the joint committee,the commission shall set forth, in writing, its reasons for notincorporating that recommendation.2860.  (a) The commission may regulate commercial and recreationalfishing and any other taking of marine species in MPAs. (b) Notwithstanding any other provision of this code, the takingof a marine species in a marine life reserve is prohibited for anypurpose, including recreational and commercial fishing, except thatthe commission may authorize the taking of a marine species forscientific purposes, consistent with the purposes of this chapter,under a scientific collecting permit issued by the department.2861.  (a) The commission shall, annually until the master plan isadopted and thereafter at least every three years, receive, consider,and promptly act upon petitions from any interested party, to add,delete, or modify MPAs, favoring those petitions that are compatiblewith the goals and guidelines of this chapter. (b) Prior to the adoption of a new MPA or the modification of anexisting MPA that would make inoperative a statute, the commissionshall provide a copy of the proposed MPA to the Legislature forreview by the Joint Committee on Fisheries and Aquaculture or, ifthere is no such committee, to the appropriate policy committee ineach house of the Legislature. (c) Nothing in this chapter restricts any existing authority ofthe department or the commission to make changes to improve themanagement or design of existing MPAs or designate new MPAs prior tothe completion of the master plan. The commission may abbreviate themaster plan process to account for equivalent activities that havetaken place before enactment of this chapter, providing that thoseactivities are consistent with this chapter.2862.  The department, in evaluating proposed projects withpotential adverse impacts on marine life and habitat in MPAs, shallhighlight those impacts in its analysis and comments related to theproject and shall recommend measures to avoid or fully mitigate anyimpacts that are inconsistent with the goals and guidelines of thischapter or the objectives of the MPA.2863.  The department shall confer as necessary with the UnitedStates Navy regarding issues related to its activities.