36700. Six classifications for designating managed areas in the
marine and estuarine environments are hereby established as described
in this section, to become effective January 1, 2002. Where the term
"marine" is used, it refers to both marine and estuarine areas. A
geographic area may be designated under more than one classification.
(a) A "state marine reserve" is a nonterrestrial marine or
estuarine area that is designated so the managing agency may achieve
one or more of the following:
(1) Protect or restore rare, threatened, or endangered native
plants, animals, or habitats in marine areas.
(2) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
(3) Protect or restore diverse marine gene pools.
(4) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding, representative, or imperiled marine habitats
or ecosystems.
(b) A "state marine park" is a nonterrestrial marine or estuarine
area that is designated so the managing agency may provide
opportunities for spiritual, scientific, educational, and
recreational opportunities, as well as one or more of the following:
(1) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
(2) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding representative or imperiled marine habitats
or ecosystems.
(3) Preserve cultural objects of historical, archaeological, and
scientific interest in marine areas.
(4) Preserve outstanding or unique geological features.
(c) A "state marine conservation area" is a nonterrestrial marine
or estuarine area that is designated so the managing agency may
achieve one or more of the following:
(1) Protect or restore rare, threatened, or endangered native
plants, animals, or habitats in marine areas.
(2) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
(3) Protect or restore diverse marine gene pools.
(4) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding, representative, or imperiled marine habitats
or ecosystems.
(5) Preserve outstanding or unique geological features.
(6) Provide for sustainable living marine resource harvest.
(d) A "state marine cultural preservation area" is a
nonterrestrial marine or estuarine area designated so the managing
agency may preserve cultural objects or sites of historical,
archaeological, or scientific interest in marine areas.
(e) A "state marine recreational management area" is a
nonterrestrial marine or estuarine area designated so the managing
agency may provide, limit, or restrict recreational opportunities to
meet other than exclusively local needs while preserving basic
resource values for present and future generations.
(f) A "state water quality protection area" is a nonterrestrial
marine or estuarine area designated to protect marine species or
biological communities from an undesirable alteration in natural
water quality, including, but not limited to, areas of special
biological significance that have been designated by the State Water
Resources Control Board through its water quality control planning
process. "Areas of special biological significance" are a subset of
state water quality protection areas, and require special protection
as determined by the State Water Resources Control Board pursuant to
the California Ocean Plan adopted and reviewed pursuant to Article 4
(commencing with Section 13160) of Chapter 3 of Division 7 of the
Water Code and pursuant to the Water Quality Control Plan for Control
of Temperature in the Coastal and Interstate Waters and Enclosed
Bays and Estuaries of California (California Thermal Plan) adopted by
the state board.
36710. (a) In a state marine reserve, it is unlawful to injure,
damage, take, or possess any living geological, or cultural marine
resource, except under a permit or specific authorization from the
managing agency for research, restoration, or monitoring purposes.
While, to the extent feasible, the area shall be open to the public
for managed enjoyment and study, the area shall be maintained to the
extent practicable in an undisturbed and unpolluted state. Access and
use for activities including, but not limited to, walking, swimming,
boating, and diving may be restricted to protect marine resources.
Research, restoration, and monitoring may be permitted by the
managing agency. Educational activities and other forms of
nonconsumptive human use may be permitted by the designating entity
or managing agency in a manner consistent with the protection of all
marine resources.
(b) In a state marine park, it is unlawful to injure, damage,
take, or possess any living or nonliving marine resource for
commercial exploitation purposes. Any human use that would compromise
protection of the species of interest, natural community or habitat,
or geological, cultural, or recreational features may be restricted
by the designating entity or managing agency. All other uses are
allowed, including scientific collection with a permit, research,
monitoring, and public recreation, including recreational harvest,
unless otherwise restricted. Public use, enjoyment, and education are
encouraged, in a manner consistent with protecting resource values.
(c) In a state marine conservation area, it is unlawful to injure,
damage, take, or possess any living, geological, or cultural marine
resource for commercial or recreational purposes, or a combination of
commercial and recreational purposes, that the designating entity or
managing agency determines would compromise protection of the
species of interest, natural community, habitat, or geological
features. The designating entity or managing agency may permit
research, education, and recreational activities, and certain
commercial and recreational harvest of marine resources.
(d) In a state marine cultural preservation area, it is unlawful
to damage, take, or possess any cultural marine resource. Complete
integrity of the cultural resources shall be sought, and no structure
or improvements that conflict with that integrity shall be
permitted. No other use is restricted.
(e) In a state marine recreational management area, it is unlawful
to perform any activity that, as determined by the designating
entity or managing agency, would compromise the recreational values
for which the area may be designated. Recreational opportunities may
be protected, enhanced, or restricted, while preserving basic
resource values of the area. No other use is restricted.
(f) In a state water quality protection area, waste discharges
shall be prohibited or limited by the imposition of special
conditions in accordance with the Porter-Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code) and implementing regulations, including, but not limited to,
the California Ocean Plan adopted and reviewed pursuant to Article 4
(commencing with Section 13160) of Chapter 3 of Division 7 of the
Water Code and the Water Quality Control Plan for Control of
Temperature in the Coastal and Interstate Waters and Enclosed Bays
and Estuaries of California (California Thermal Plan) adopted by the
state board. No other use is restricted.
36711. The classifications contained in Section 36710 may not be
inconsistent with United States military activities deemed mission
critical by the United States military.
36725. (a) The Fish and Game Commission may designate, delete, or
modify state marine recreational management areas established by the
commission for hunting purposes, state marine reserves, and state
marine conservation areas. The Fish and Game Commission shall consult
with, and secure concurrence from, the State Parks and Recreation
Commission prior to modifying or deleting state marine reserves and
state marine conservation areas designated by the State Parks and
Recreation Commission. The Fish and Game Commission shall not delete
or modify state marine recreational management areas designated by
the State Parks and Recreation Commission.
(b) The State Parks and Recreation Commission may designate,
delete, or modify state marine reserves, state marine parks, state
marine conservation areas, state marine cultural preservation areas,
and state marine recreational management areas. The State Parks and
Recreation Commission may not designate, delete, or modify a state
marine reserve, state marine park, or state marine conservation area
without the concurrence of the Fish and Game Commission on any
proposed restrictions upon, or change in, the use of living marine
resources.
(c) If an unresolved conflict exists between the Fish and Game
Commission and the State Parks and Recreation Commission regarding a
state marine reserve, state marine park, or state marine conservation
area, the Secretary of the Resources Agency may reconcile the
conflict.
(d) The State Water Resources Control Board may designate, delete,
or modify state water quality protection areas.
(e) The Fish and Game Commission, State Parks and Recreation
Commission, and State Water Resources Control Board each may restrict
or prohibit recreational uses and other human activities in the MMAs
for the benefit of the resources therein, except in the case of
restrictions on the use of living marine resources. Pursuant to this
section, and consistent with Section 2860 of the Fish and Game Code,
the Fish and Game Commission may regulate commercial and recreational
fishing and any other taking of marine species in MMAs.
(f) (1) The Department of Fish and Game may manage state marine
reserves, state marine conservation areas, state marine recreational
management areas established for hunting purposes and, if requested
by the State Water Resources Control Board, state water quality
protection areas.
(2) The Department of Parks and Recreation may manage state marine
reserves, state marine parks, state marine conservation areas, state
marine cultural preservation areas, and state marine recreational
management areas. Department authority over units within the state
park system shall extend to units of the state MMAs system that are
managed by the department.
(3) The State Water Resources Control Board and the California
regional water quality control boards may take appropriate actions to
protect state water quality protection areas. The State Water
Resources Control Board may request the Department of Fish and Game
or the Department of Parks and Recreation to take appropriate
management action.
36750. Any MMA in existence on January 1, 2002, that has not been
reclassified in accordance with the Marine Life Protection Act
(Chapter 10.5 (commencing with Section 2850) of Division 3 of the
Fish and Game Code), shall be reclassified under the classification
system described in Section 36700 by January 1, 2003, based upon the
management purpose and level of resource protection at each site on
January 1, 2002. Upon the reclassification of existing sites, but no
later than January 1, 2003, the use of all other classifications
shall cease for the marine and estuarine environments of the state,
though the classifications may continue to be used for the
terrestrial and freshwater environments where applicable. The
reclassification process shall be the responsibility of the State
Interagency Coordinating Committee established pursuant to Section
36800, and shall occur to the extent feasible in conjunction and
consistent with the MMA master planning process created pursuant to
the Marine Life Protection Act (Chapter 10.5 (commencing with Section
2850) of Division 3 of the Fish and Game Code).
36800. The Secretary of the Resources Agency shall establish and
chair the State Interagency Coordinating Committee, whose members are
representatives from those state agencies, departments, boards,
commissions, and conservancies with jurisdiction or management
interests over marine managed areas, including, but not limited to,
the Department of Fish and Game, Department of Parks and Recreation,
California Coastal Commission, State Water Resources Control Board,
and State Lands Commission. The Secretary of the Resources Agency
shall designate additional members of the committee. The committee
shall review proposals for new or amended MMAs to ensure that the
minimum required information is included in the proposal, to
determine those state agencies that should review the proposal, and
to ensure consistency with other such designations in the state. The
committee shall also serve to ensure the proper and timely routing of
site proposals, review any proposed site-specific regulations for
consistency with the state system as a whole, and conduct periodic
reviews of the statewide system to evaluate whether it is meeting the
mission and statement of objectives.
36850. Designation guidelines based on the classification goals
adopted for the state system of MMAs shall be developed jointly by
the appropriate managing agencies in cooperation with the committee
on or before January 1, 2002. These guidelines shall be used to
provide a general sense of requirements for designating a site in any
particular classification, and may include characteristics such as
uniqueness of the area or resource, biological productivity, special
habitats, cultural or recreational values, and human impacts to the
area. These designation guidelines shall be provided on a standard
set of instructions for each classification.
36870. On or before January 1, 2002, the committee shall establish
a standard set of instructions for each classification to guide
organizations and individuals in submitting proposals for designating
specific sites or networks of sites. On or before January 1, 2003,
the relevant site proposal guidelines shall be adopted by each
designating entity.
(a) At a minimum, each proposal shall include the following
elements for consideration for designation as an MMA:
(1) Name of individual or organization proposing the designation.
(2) Contact information for the individual or organization,
including contact person.
(3) Proposed classification.
(4) Proposed site name.
(5) Site location.
(6) Need, purpose, and goals for the site.
(7) Justification for the manner in which the proposed site meets
the designation criteria for the proposed classification.
(8) A general description of the proposed site's pertinent
biological, geological, and cultural resources.
(9) A general description of the proposed site's existing
recreational uses, including fishing, diving, boating, and waterfowl
hunting.
(b) The following elements, if not included in the original
proposal, shall be added by the proposed managing agency in
cooperation with the individual or organization making the proposal,
prior to a final decision regarding designation:
(1) A legal description of the site boundaries and a boundary map.
(2) A more detailed description of the proposed site's pertinent
biological, geological, cultural, and recreational resources.
(3) Estimated funding needs and proposed source of funds.
(4) A plan for meeting enforcement needs, including on-site
staffing and equipment.
(5) A plan for evaluating the effectiveness of the site in
achieving stated goals.
(6) Intended educational and research programs.
(7) Estimated economic impacts of the site, both positive and
negative.
(8) Proposed mechanisms for coordinating existing regulatory and
management authority, if any exists, within the area.
(9) An evaluation of the opportunities for cooperative state,
federal, and local management, where the opportunities may exist.
36900. Individuals or organizations may submit a proposal to
designate an MMA directly through the committee or an appropriate
designating entity. Proposals submitted to a designating entity shall
be forwarded to the committee to initiate the review process.
Proposals for designating, deleting, or modifying MMAs may be
submitted to the committee or a designating entity at any time. The
committee and scientific review panel established pursuant to
subdivision (b) shall annually consider and promptly act upon
proposals until an MPA master plan is adopted pursuant to subdivision
(b) of Section 2859 of the Fish and Game Code, and thereafter, no
less than once every three years. Upon adoption of a statewide MPA
plan, subsequent site proposals determined by the committee to be
consistent with that plan shall be eligible for a simplified and
cursory review of not more than 45 days.
(a) The committee shall review proposals to ensure that the
minimum required information is included in the proposal, to
determine those state agencies that should review the proposal, and
to ensure consistency with other designations of that type in the
state. After initial review by the coordinating committee and
appropriate agencies, the proposal shall be forwarded to a scientific
review panel established pursuant to subdivision (b).
(b) The Secretary of the Resources Agency shall establish a
scientific review panel, with statewide representation and direction
from the committee, to evaluate proposals for technical and
scientific validity, including consideration of such things as site
design criteria, location, and size. This panel, to the extent
practical, shall be the same as the master plan team used in the
process set forth in the Marine Life Protection Act (Chapter 10.5
(commencing with Section 2850) of Division 3 of the Fish and Game
Code). Members shall maintain familiarity with the types and
effectiveness of MMAs used in other parts of the world for potential
application to California. Members shall be reimbursed reasonable
costs to participate in the activities of the panel. Where feasible,
advice shall be sought from the appropriate federal agencies and
existing regional or statewide marine research panels and advisory
groups. After review by the scientific review panel, the committee
shall forward the proposal and any recommendations to the appropriate
designating entity for a public review process.
(c) Designating entities shall establish a process that provides
for public review and comment in writing and through workshops or
hearings, consistent with the legal mandates applicable to
designating entities. All input provided by the committee and
scientific review panel shall be made available to the public during
this process. Outreach shall be made to the broadest ocean and
coastal constituency possible, and shall include commercial and sport
fishing groups, conservation organizations, waterfowl groups and
other recreational interests, academia, the general public, and all
levels of government.
(d) This process does not replace the need to obtain the
appropriate permits or reviews of other government agencies with
jurisdiction or permitting authority.
(e) Nothing in this section shall be construed as altering or
impeding the process identified under the Marine Life Protection Act
(Chapter 10.5 (commencing with Section 2850) of Division 3 of the
Fish and Game Code) or the actions of the master plan team described
in that act.
36700. Six classifications for designating managed areas in the
marine and estuarine environments are hereby established as described
in this section, to become effective January 1, 2002. Where the term
"marine" is used, it refers to both marine and estuarine areas. A
geographic area may be designated under more than one classification.
(a) A "state marine reserve" is a nonterrestrial marine or
estuarine area that is designated so the managing agency may achieve
one or more of the following:
(1) Protect or restore rare, threatened, or endangered native
plants, animals, or habitats in marine areas.
(2) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
(3) Protect or restore diverse marine gene pools.
(4) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding, representative, or imperiled marine habitats
or ecosystems.
(b) A "state marine park" is a nonterrestrial marine or estuarine
area that is designated so the managing agency may provide
opportunities for spiritual, scientific, educational, and
recreational opportunities, as well as one or more of the following:
(1) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
(2) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding representative or imperiled marine habitats
or ecosystems.
(3) Preserve cultural objects of historical, archaeological, and
scientific interest in marine areas.
(4) Preserve outstanding or unique geological features.
(c) A "state marine conservation area" is a nonterrestrial marine
or estuarine area that is designated so the managing agency may
achieve one or more of the following:
(1) Protect or restore rare, threatened, or endangered native
plants, animals, or habitats in marine areas.
(2) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
(3) Protect or restore diverse marine gene pools.
(4) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding, representative, or imperiled marine habitats
or ecosystems.
(5) Preserve outstanding or unique geological features.
(6) Provide for sustainable living marine resource harvest.
(d) A "state marine cultural preservation area" is a
nonterrestrial marine or estuarine area designated so the managing
agency may preserve cultural objects or sites of historical,
archaeological, or scientific interest in marine areas.
(e) A "state marine recreational management area" is a
nonterrestrial marine or estuarine area designated so the managing
agency may provide, limit, or restrict recreational opportunities to
meet other than exclusively local needs while preserving basic
resource values for present and future generations.
(f) A "state water quality protection area" is a nonterrestrial
marine or estuarine area designated to protect marine species or
biological communities from an undesirable alteration in natural
water quality, including, but not limited to, areas of special
biological significance that have been designated by the State Water
Resources Control Board through its water quality control planning
process. "Areas of special biological significance" are a subset of
state water quality protection areas, and require special protection
as determined by the State Water Resources Control Board pursuant to
the California Ocean Plan adopted and reviewed pursuant to Article 4
(commencing with Section 13160) of Chapter 3 of Division 7 of the
Water Code and pursuant to the Water Quality Control Plan for Control
of Temperature in the Coastal and Interstate Waters and Enclosed
Bays and Estuaries of California (California Thermal Plan) adopted by
the state board.
36710. (a) In a state marine reserve, it is unlawful to injure,
damage, take, or possess any living geological, or cultural marine
resource, except under a permit or specific authorization from the
managing agency for research, restoration, or monitoring purposes.
While, to the extent feasible, the area shall be open to the public
for managed enjoyment and study, the area shall be maintained to the
extent practicable in an undisturbed and unpolluted state. Access and
use for activities including, but not limited to, walking, swimming,
boating, and diving may be restricted to protect marine resources.
Research, restoration, and monitoring may be permitted by the
managing agency. Educational activities and other forms of
nonconsumptive human use may be permitted by the designating entity
or managing agency in a manner consistent with the protection of all
marine resources.
(b) In a state marine park, it is unlawful to injure, damage,
take, or possess any living or nonliving marine resource for
commercial exploitation purposes. Any human use that would compromise
protection of the species of interest, natural community or habitat,
or geological, cultural, or recreational features may be restricted
by the designating entity or managing agency. All other uses are
allowed, including scientific collection with a permit, research,
monitoring, and public recreation, including recreational harvest,
unless otherwise restricted. Public use, enjoyment, and education are
encouraged, in a manner consistent with protecting resource values.
(c) In a state marine conservation area, it is unlawful to injure,
damage, take, or possess any living, geological, or cultural marine
resource for commercial or recreational purposes, or a combination of
commercial and recreational purposes, that the designating entity or
managing agency determines would compromise protection of the
species of interest, natural community, habitat, or geological
features. The designating entity or managing agency may permit
research, education, and recreational activities, and certain
commercial and recreational harvest of marine resources.
(d) In a state marine cultural preservation area, it is unlawful
to damage, take, or possess any cultural marine resource. Complete
integrity of the cultural resources shall be sought, and no structure
or improvements that conflict with that integrity shall be
permitted. No other use is restricted.
(e) In a state marine recreational management area, it is unlawful
to perform any activity that, as determined by the designating
entity or managing agency, would compromise the recreational values
for which the area may be designated. Recreational opportunities may
be protected, enhanced, or restricted, while preserving basic
resource values of the area. No other use is restricted.
(f) In a state water quality protection area, waste discharges
shall be prohibited or limited by the imposition of special
conditions in accordance with the Porter-Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code) and implementing regulations, including, but not limited to,
the California Ocean Plan adopted and reviewed pursuant to Article 4
(commencing with Section 13160) of Chapter 3 of Division 7 of the
Water Code and the Water Quality Control Plan for Control of
Temperature in the Coastal and Interstate Waters and Enclosed Bays
and Estuaries of California (California Thermal Plan) adopted by the
state board. No other use is restricted.
36711. The classifications contained in Section 36710 may not be
inconsistent with United States military activities deemed mission
critical by the United States military.
36725. (a) The Fish and Game Commission may designate, delete, or
modify state marine recreational management areas established by the
commission for hunting purposes, state marine reserves, and state
marine conservation areas. The Fish and Game Commission shall consult
with, and secure concurrence from, the State Parks and Recreation
Commission prior to modifying or deleting state marine reserves and
state marine conservation areas designated by the State Parks and
Recreation Commission. The Fish and Game Commission shall not delete
or modify state marine recreational management areas designated by
the State Parks and Recreation Commission.
(b) The State Parks and Recreation Commission may designate,
delete, or modify state marine reserves, state marine parks, state
marine conservation areas, state marine cultural preservation areas,
and state marine recreational management areas. The State Parks and
Recreation Commission may not designate, delete, or modify a state
marine reserve, state marine park, or state marine conservation area
without the concurrence of the Fish and Game Commission on any
proposed restrictions upon, or change in, the use of living marine
resources.
(c) If an unresolved conflict exists between the Fish and Game
Commission and the State Parks and Recreation Commission regarding a
state marine reserve, state marine park, or state marine conservation
area, the Secretary of the Resources Agency may reconcile the
conflict.
(d) The State Water Resources Control Board may designate, delete,
or modify state water quality protection areas.
(e) The Fish and Game Commission, State Parks and Recreation
Commission, and State Water Resources Control Board each may restrict
or prohibit recreational uses and other human activities in the MMAs
for the benefit of the resources therein, except in the case of
restrictions on the use of living marine resources. Pursuant to this
section, and consistent with Section 2860 of the Fish and Game Code,
the Fish and Game Commission may regulate commercial and recreational
fishing and any other taking of marine species in MMAs.
(f) (1) The Department of Fish and Game may manage state marine
reserves, state marine conservation areas, state marine recreational
management areas established for hunting purposes and, if requested
by the State Water Resources Control Board, state water quality
protection areas.
(2) The Department of Parks and Recreation may manage state marine
reserves, state marine parks, state marine conservation areas, state
marine cultural preservation areas, and state marine recreational
management areas. Department authority over units within the state
park system shall extend to units of the state MMAs system that are
managed by the department.
(3) The State Water Resources Control Board and the California
regional water quality control boards may take appropriate actions to
protect state water quality protection areas. The State Water
Resources Control Board may request the Department of Fish and Game
or the Department of Parks and Recreation to take appropriate
management action.
36750. Any MMA in existence on January 1, 2002, that has not been
reclassified in accordance with the Marine Life Protection Act
(Chapter 10.5 (commencing with Section 2850) of Division 3 of the
Fish and Game Code), shall be reclassified under the classification
system described in Section 36700 by January 1, 2003, based upon the
management purpose and level of resource protection at each site on
January 1, 2002. Upon the reclassification of existing sites, but no
later than January 1, 2003, the use of all other classifications
shall cease for the marine and estuarine environments of the state,
though the classifications may continue to be used for the
terrestrial and freshwater environments where applicable. The
reclassification process shall be the responsibility of the State
Interagency Coordinating Committee established pursuant to Section
36800, and shall occur to the extent feasible in conjunction and
consistent with the MMA master planning process created pursuant to
the Marine Life Protection Act (Chapter 10.5 (commencing with Section
2850) of Division 3 of the Fish and Game Code).
36800. The Secretary of the Resources Agency shall establish and
chair the State Interagency Coordinating Committee, whose members are
representatives from those state agencies, departments, boards,
commissions, and conservancies with jurisdiction or management
interests over marine managed areas, including, but not limited to,
the Department of Fish and Game, Department of Parks and Recreation,
California Coastal Commission, State Water Resources Control Board,
and State Lands Commission. The Secretary of the Resources Agency
shall designate additional members of the committee. The committee
shall review proposals for new or amended MMAs to ensure that the
minimum required information is included in the proposal, to
determine those state agencies that should review the proposal, and
to ensure consistency with other such designations in the state. The
committee shall also serve to ensure the proper and timely routing of
site proposals, review any proposed site-specific regulations for
consistency with the state system as a whole, and conduct periodic
reviews of the statewide system to evaluate whether it is meeting the
mission and statement of objectives.
36850. Designation guidelines based on the classification goals
adopted for the state system of MMAs shall be developed jointly by
the appropriate managing agencies in cooperation with the committee
on or before January 1, 2002. These guidelines shall be used to
provide a general sense of requirements for designating a site in any
particular classification, and may include characteristics such as
uniqueness of the area or resource, biological productivity, special
habitats, cultural or recreational values, and human impacts to the
area. These designation guidelines shall be provided on a standard
set of instructions for each classification.
36870. On or before January 1, 2002, the committee shall establish
a standard set of instructions for each classification to guide
organizations and individuals in submitting proposals for designating
specific sites or networks of sites. On or before January 1, 2003,
the relevant site proposal guidelines shall be adopted by each
designating entity.
(a) At a minimum, each proposal shall include the following
elements for consideration for designation as an MMA:
(1) Name of individual or organization proposing the designation.
(2) Contact information for the individual or organization,
including contact person.
(3) Proposed classification.
(4) Proposed site name.
(5) Site location.
(6) Need, purpose, and goals for the site.
(7) Justification for the manner in which the proposed site meets
the designation criteria for the proposed classification.
(8) A general description of the proposed site's pertinent
biological, geological, and cultural resources.
(9) A general description of the proposed site's existing
recreational uses, including fishing, diving, boating, and waterfowl
hunting.
(b) The following elements, if not included in the original
proposal, shall be added by the proposed managing agency in
cooperation with the individual or organization making the proposal,
prior to a final decision regarding designation:
(1) A legal description of the site boundaries and a boundary map.
(2) A more detailed description of the proposed site's pertinent
biological, geological, cultural, and recreational resources.
(3) Estimated funding needs and proposed source of funds.
(4) A plan for meeting enforcement needs, including on-site
staffing and equipment.
(5) A plan for evaluating the effectiveness of the site in
achieving stated goals.
(6) Intended educational and research programs.
(7) Estimated economic impacts of the site, both positive and
negative.
(8) Proposed mechanisms for coordinating existing regulatory and
management authority, if any exists, within the area.
(9) An evaluation of the opportunities for cooperative state,
federal, and local management, where the opportunities may exist.
36900. Individuals or organizations may submit a proposal to
designate an MMA directly through the committee or an appropriate
designating entity. Proposals submitted to a designating entity shall
be forwarded to the committee to initiate the review process.
Proposals for designating, deleting, or modifying MMAs may be
submitted to the committee or a designating entity at any time. The
committee and scientific review panel established pursuant to
subdivision (b) shall annually consider and promptly act upon
proposals until an MPA master plan is adopted pursuant to subdivision
(b) of Section 2859 of the Fish and Game Code, and thereafter, no
less than once every three years. Upon adoption of a statewide MPA
plan, subsequent site proposals determined by the committee to be
consistent with that plan shall be eligible for a simplified and
cursory review of not more than 45 days.
(a) The committee shall review proposals to ensure that the
minimum required information is included in the proposal, to
determine those state agencies that should review the proposal, and
to ensure consistency with other designations of that type in the
state. After initial review by the coordinating committee and
appropriate agencies, the proposal shall be forwarded to a scientific
review panel established pursuant to subdivision (b).
(b) The Secretary of the Resources Agency shall establish a
scientific review panel, with statewide representation and direction
from the committee, to evaluate proposals for technical and
scientific validity, including consideration of such things as site
design criteria, location, and size. This panel, to the extent
practical, shall be the same as the master plan team used in the
process set forth in the Marine Life Protection Act (Chapter 10.5
(commencing with Section 2850) of Division 3 of the Fish and Game
Code). Members shall maintain familiarity with the types and
effectiveness of MMAs used in other parts of the world for potential
application to California. Members shall be reimbursed reasonable
costs to participate in the activities of the panel. Where feasible,
advice shall be sought from the appropriate federal agencies and
existing regional or statewide marine research panels and advisory
groups. After review by the scientific review panel, the committee
shall forward the proposal and any recommendations to the appropriate
designating entity for a public review process.
(c) Designating entities shall establish a process that provides
for public review and comment in writing and through workshops or
hearings, consistent with the legal mandates applicable to
designating entities. All input provided by the committee and
scientific review panel shall be made available to the public during
this process. Outreach shall be made to the broadest ocean and
coastal constituency possible, and shall include commercial and sport
fishing groups, conservation organizations, waterfowl groups and
other recreational interests, academia, the general public, and all
levels of government.
(d) This process does not replace the need to obtain the
appropriate permits or reviews of other government agencies with
jurisdiction or permitting authority.
(e) Nothing in this section shall be construed as altering or
impeding the process identified under the Marine Life Protection Act
(Chapter 10.5 (commencing with Section 2850) of Division 3 of the
Fish and Game Code) or the actions of the master plan team described
in that act.
36700. Six classifications for designating managed areas in the
marine and estuarine environments are hereby established as described
in this section, to become effective January 1, 2002. Where the term
"marine" is used, it refers to both marine and estuarine areas. A
geographic area may be designated under more than one classification.
(a) A "state marine reserve" is a nonterrestrial marine or
estuarine area that is designated so the managing agency may achieve
one or more of the following:
(1) Protect or restore rare, threatened, or endangered native
plants, animals, or habitats in marine areas.
(2) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
(3) Protect or restore diverse marine gene pools.
(4) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding, representative, or imperiled marine habitats
or ecosystems.
(b) A "state marine park" is a nonterrestrial marine or estuarine
area that is designated so the managing agency may provide
opportunities for spiritual, scientific, educational, and
recreational opportunities, as well as one or more of the following:
(1) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
(2) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding representative or imperiled marine habitats
or ecosystems.
(3) Preserve cultural objects of historical, archaeological, and
scientific interest in marine areas.
(4) Preserve outstanding or unique geological features.
(c) A "state marine conservation area" is a nonterrestrial marine
or estuarine area that is designated so the managing agency may
achieve one or more of the following:
(1) Protect or restore rare, threatened, or endangered native
plants, animals, or habitats in marine areas.
(2) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
(3) Protect or restore diverse marine gene pools.
(4) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding, representative, or imperiled marine habitats
or ecosystems.
(5) Preserve outstanding or unique geological features.
(6) Provide for sustainable living marine resource harvest.
(d) A "state marine cultural preservation area" is a
nonterrestrial marine or estuarine area designated so the managing
agency may preserve cultural objects or sites of historical,
archaeological, or scientific interest in marine areas.
(e) A "state marine recreational management area" is a
nonterrestrial marine or estuarine area designated so the managing
agency may provide, limit, or restrict recreational opportunities to
meet other than exclusively local needs while preserving basic
resource values for present and future generations.
(f) A "state water quality protection area" is a nonterrestrial
marine or estuarine area designated to protect marine species or
biological communities from an undesirable alteration in natural
water quality, including, but not limited to, areas of special
biological significance that have been designated by the State Water
Resources Control Board through its water quality control planning
process. "Areas of special biological significance" are a subset of
state water quality protection areas, and require special protection
as determined by the State Water Resources Control Board pursuant to
the California Ocean Plan adopted and reviewed pursuant to Article 4
(commencing with Section 13160) of Chapter 3 of Division 7 of the
Water Code and pursuant to the Water Quality Control Plan for Control
of Temperature in the Coastal and Interstate Waters and Enclosed
Bays and Estuaries of California (California Thermal Plan) adopted by
the state board.
36710. (a) In a state marine reserve, it is unlawful to injure,
damage, take, or possess any living geological, or cultural marine
resource, except under a permit or specific authorization from the
managing agency for research, restoration, or monitoring purposes.
While, to the extent feasible, the area shall be open to the public
for managed enjoyment and study, the area shall be maintained to the
extent practicable in an undisturbed and unpolluted state. Access and
use for activities including, but not limited to, walking, swimming,
boating, and diving may be restricted to protect marine resources.
Research, restoration, and monitoring may be permitted by the
managing agency. Educational activities and other forms of
nonconsumptive human use may be permitted by the designating entity
or managing agency in a manner consistent with the protection of all
marine resources.
(b) In a state marine park, it is unlawful to injure, damage,
take, or possess any living or nonliving marine resource for
commercial exploitation purposes. Any human use that would compromise
protection of the species of interest, natural community or habitat,
or geological, cultural, or recreational features may be restricted
by the designating entity or managing agency. All other uses are
allowed, including scientific collection with a permit, research,
monitoring, and public recreation, including recreational harvest,
unless otherwise restricted. Public use, enjoyment, and education are
encouraged, in a manner consistent with protecting resource values.
(c) In a state marine conservation area, it is unlawful to injure,
damage, take, or possess any living, geological, or cultural marine
resource for commercial or recreational purposes, or a combination of
commercial and recreational purposes, that the designating entity or
managing agency determines would compromise protection of the
species of interest, natural community, habitat, or geological
features. The designating entity or managing agency may permit
research, education, and recreational activities, and certain
commercial and recreational harvest of marine resources.
(d) In a state marine cultural preservation area, it is unlawful
to damage, take, or possess any cultural marine resource. Complete
integrity of the cultural resources shall be sought, and no structure
or improvements that conflict with that integrity shall be
permitted. No other use is restricted.
(e) In a state marine recreational management area, it is unlawful
to perform any activity that, as determined by the designating
entity or managing agency, would compromise the recreational values
for which the area may be designated. Recreational opportunities may
be protected, enhanced, or restricted, while preserving basic
resource values of the area. No other use is restricted.
(f) In a state water quality protection area, waste discharges
shall be prohibited or limited by the imposition of special
conditions in accordance with the Porter-Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code) and implementing regulations, including, but not limited to,
the California Ocean Plan adopted and reviewed pursuant to Article 4
(commencing with Section 13160) of Chapter 3 of Division 7 of the
Water Code and the Water Quality Control Plan for Control of
Temperature in the Coastal and Interstate Waters and Enclosed Bays
and Estuaries of California (California Thermal Plan) adopted by the
state board. No other use is restricted.
36711. The classifications contained in Section 36710 may not be
inconsistent with United States military activities deemed mission
critical by the United States military.
36725. (a) The Fish and Game Commission may designate, delete, or
modify state marine recreational management areas established by the
commission for hunting purposes, state marine reserves, and state
marine conservation areas. The Fish and Game Commission shall consult
with, and secure concurrence from, the State Parks and Recreation
Commission prior to modifying or deleting state marine reserves and
state marine conservation areas designated by the State Parks and
Recreation Commission. The Fish and Game Commission shall not delete
or modify state marine recreational management areas designated by
the State Parks and Recreation Commission.
(b) The State Parks and Recreation Commission may designate,
delete, or modify state marine reserves, state marine parks, state
marine conservation areas, state marine cultural preservation areas,
and state marine recreational management areas. The State Parks and
Recreation Commission may not designate, delete, or modify a state
marine reserve, state marine park, or state marine conservation area
without the concurrence of the Fish and Game Commission on any
proposed restrictions upon, or change in, the use of living marine
resources.
(c) If an unresolved conflict exists between the Fish and Game
Commission and the State Parks and Recreation Commission regarding a
state marine reserve, state marine park, or state marine conservation
area, the Secretary of the Resources Agency may reconcile the
conflict.
(d) The State Water Resources Control Board may designate, delete,
or modify state water quality protection areas.
(e) The Fish and Game Commission, State Parks and Recreation
Commission, and State Water Resources Control Board each may restrict
or prohibit recreational uses and other human activities in the MMAs
for the benefit of the resources therein, except in the case of
restrictions on the use of living marine resources. Pursuant to this
section, and consistent with Section 2860 of the Fish and Game Code,
the Fish and Game Commission may regulate commercial and recreational
fishing and any other taking of marine species in MMAs.
(f) (1) The Department of Fish and Game may manage state marine
reserves, state marine conservation areas, state marine recreational
management areas established for hunting purposes and, if requested
by the State Water Resources Control Board, state water quality
protection areas.
(2) The Department of Parks and Recreation may manage state marine
reserves, state marine parks, state marine conservation areas, state
marine cultural preservation areas, and state marine recreational
management areas. Department authority over units within the state
park system shall extend to units of the state MMAs system that are
managed by the department.
(3) The State Water Resources Control Board and the California
regional water quality control boards may take appropriate actions to
protect state water quality protection areas. The State Water
Resources Control Board may request the Department of Fish and Game
or the Department of Parks and Recreation to take appropriate
management action.
36750. Any MMA in existence on January 1, 2002, that has not been
reclassified in accordance with the Marine Life Protection Act
(Chapter 10.5 (commencing with Section 2850) of Division 3 of the
Fish and Game Code), shall be reclassified under the classification
system described in Section 36700 by January 1, 2003, based upon the
management purpose and level of resource protection at each site on
January 1, 2002. Upon the reclassification of existing sites, but no
later than January 1, 2003, the use of all other classifications
shall cease for the marine and estuarine environments of the state,
though the classifications may continue to be used for the
terrestrial and freshwater environments where applicable. The
reclassification process shall be the responsibility of the State
Interagency Coordinating Committee established pursuant to Section
36800, and shall occur to the extent feasible in conjunction and
consistent with the MMA master planning process created pursuant to
the Marine Life Protection Act (Chapter 10.5 (commencing with Section
2850) of Division 3 of the Fish and Game Code).
36800. The Secretary of the Resources Agency shall establish and
chair the State Interagency Coordinating Committee, whose members are
representatives from those state agencies, departments, boards,
commissions, and conservancies with jurisdiction or management
interests over marine managed areas, including, but not limited to,
the Department of Fish and Game, Department of Parks and Recreation,
California Coastal Commission, State Water Resources Control Board,
and State Lands Commission. The Secretary of the Resources Agency
shall designate additional members of the committee. The committee
shall review proposals for new or amended MMAs to ensure that the
minimum required information is included in the proposal, to
determine those state agencies that should review the proposal, and
to ensure consistency with other such designations in the state. The
committee shall also serve to ensure the proper and timely routing of
site proposals, review any proposed site-specific regulations for
consistency with the state system as a whole, and conduct periodic
reviews of the statewide system to evaluate whether it is meeting the
mission and statement of objectives.
36850. Designation guidelines based on the classification goals
adopted for the state system of MMAs shall be developed jointly by
the appropriate managing agencies in cooperation with the committee
on or before January 1, 2002. These guidelines shall be used to
provide a general sense of requirements for designating a site in any
particular classification, and may include characteristics such as
uniqueness of the area or resource, biological productivity, special
habitats, cultural or recreational values, and human impacts to the
area. These designation guidelines shall be provided on a standard
set of instructions for each classification.
36870. On or before January 1, 2002, the committee shall establish
a standard set of instructions for each classification to guide
organizations and individuals in submitting proposals for designating
specific sites or networks of sites. On or before January 1, 2003,
the relevant site proposal guidelines shall be adopted by each
designating entity.
(a) At a minimum, each proposal shall include the following
elements for consideration for designation as an MMA:
(1) Name of individual or organization proposing the designation.
(2) Contact information for the individual or organization,
including contact person.
(3) Proposed classification.
(4) Proposed site name.
(5) Site location.
(6) Need, purpose, and goals for the site.
(7) Justification for the manner in which the proposed site meets
the designation criteria for the proposed classification.
(8) A general description of the proposed site's pertinent
biological, geological, and cultural resources.
(9) A general description of the proposed site's existing
recreational uses, including fishing, diving, boating, and waterfowl
hunting.
(b) The following elements, if not included in the original
proposal, shall be added by the proposed managing agency in
cooperation with the individual or organization making the proposal,
prior to a final decision regarding designation:
(1) A legal description of the site boundaries and a boundary map.
(2) A more detailed description of the proposed site's pertinent
biological, geological, cultural, and recreational resources.
(3) Estimated funding needs and proposed source of funds.
(4) A plan for meeting enforcement needs, including on-site
staffing and equipment.
(5) A plan for evaluating the effectiveness of the site in
achieving stated goals.
(6) Intended educational and research programs.
(7) Estimated economic impacts of the site, both positive and
negative.
(8) Proposed mechanisms for coordinating existing regulatory and
management authority, if any exists, within the area.
(9) An evaluation of the opportunities for cooperative state,
federal, and local management, where the opportunities may exist.
36900. Individuals or organizations may submit a proposal to
designate an MMA directly through the committee or an appropriate
designating entity. Proposals submitted to a designating entity shall
be forwarded to the committee to initiate the review process.
Proposals for designating, deleting, or modifying MMAs may be
submitted to the committee or a designating entity at any time. The
committee and scientific review panel established pursuant to
subdivision (b) shall annually consider and promptly act upon
proposals until an MPA master plan is adopted pursuant to subdivision
(b) of Section 2859 of the Fish and Game Code, and thereafter, no
less than once every three years. Upon adoption of a statewide MPA
plan, subsequent site proposals determined by the committee to be
consistent with that plan shall be eligible for a simplified and
cursory review of not more than 45 days.
(a) The committee shall review proposals to ensure that the
minimum required information is included in the proposal, to
determine those state agencies that should review the proposal, and
to ensure consistency with other designations of that type in the
state. After initial review by the coordinating committee and
appropriate agencies, the proposal shall be forwarded to a scientific
review panel established pursuant to subdivision (b).
(b) The Secretary of the Resources Agency shall establish a
scientific review panel, with statewide representation and direction
from the committee, to evaluate proposals for technical and
scientific validity, including consideration of such things as site
design criteria, location, and size. This panel, to the extent
practical, shall be the same as the master plan team used in the
process set forth in the Marine Life Protection Act (Chapter 10.5
(commencing with Section 2850) of Division 3 of the Fish and Game
Code). Members shall maintain familiarity with the types and
effectiveness of MMAs used in other parts of the world for potential
application to California. Members shall be reimbursed reasonable
costs to participate in the activities of the panel. Where feasible,
advice shall be sought from the appropriate federal agencies and
existing regional or statewide marine research panels and advisory
groups. After review by the scientific review panel, the committee
shall forward the proposal and any recommendations to the appropriate
designating entity for a public review process.
(c) Designating entities shall establish a process that provides
for public review and comment in writing and through workshops or
hearings, consistent with the legal mandates applicable to
designating entities. All input provided by the committee and
scientific review panel shall be made available to the public during
this process. Outreach shall be made to the broadest ocean and
coastal constituency possible, and shall include commercial and sport
fishing groups, conservation organizations, waterfowl groups and
other recreational interests, academia, the general public, and all
levels of government.
(d) This process does not replace the need to obtain the
appropriate permits or reviews of other government agencies with
jurisdiction or permitting authority.
(e) Nothing in this section shall be construed as altering or
impeding the process identified under the Marine Life Protection Act
(Chapter 10.5 (commencing with Section 2850) of Division 3 of the
Fish and Game Code) or the actions of the master plan team described
in that act.
