Marine Resources Protection Act of
Section § 1
This section establishes the official name of the law as the Marine Resources Protection Act of 1990, which means if you refer to this term, you're talking about this specific set of regulations.
Section § 2
This section defines terms related to California's marine conservation zones as of January 1, 1990. A 'district' is a fish and game area defined by the Fish and Game Code. 'Ocean waters' refers to Pacific Ocean waters under state regulation. The 'zone' is a Marine Resources Protection area comprising waters near the Channel Islands and parts of the mainland coast. Specifically, it includes areas around certain islands within specific shallow water depths or distances from the shore, and zones extending three nautical miles offshore from the mainland and certain offshore structures.
Section § 3
Between January 1, 1991, and December 31, 1993, you could use gill nets or trammel nets in a certain area if you had a special permit from the Department of Fish and Game. However, starting January 1, 1994, using these nets in that area is completely banned.
Section § 4
This law makes it illegal to use gill nets and trammel nets to catch any rockfish species in California, overriding any other law that might allow it.
In ocean waters north of Point Arguello, the usage of these nets is restricted by specific existing laws and regulations as of January 1, 1989, or January 1, 1990, depending on the section. These regulations will remain unless they conflict with this article. The Legislature retains the power to further restrict gill and trammel nets. Importantly, the Department of Fish and Game cannot approve their use in prohibited areas, even with specific findings.
Section § 5
This law allows the Department of Fish and Game to give permits for using gill nets or trammel nets in a specific fishing zone. To get this permit, you must have a commercial fishing license and a separate permit under Section 8681. You also need to own or operate a vessel with the required fishing equipment.
Section § 6
This section outlines the fees for permits issued by the Department of Fish and Game over three specific years. In 1991, the fee was $250. In 1992, it increased to $500. By 1993, the fee rose to $1,000. These permits are obtained under the rules mentioned in Section 5.
Section § 7
This section outlines the process for fishermen who want compensation for giving up fishing with gill or trammel nets in a certain zone. To be eligible, fishermen must notify the Department of Fish and Game within 90 days using forms they provide. They can only get compensation for permits surrendered between July 1, 1993, and January 1, 1994, based on their catch from 1983 to 1987, except rockfish. The Department will verify their fishing records, and denials can be appealed. The State Board of Control must confirm eligibility before any payments, but no compensation will be given if the necessary laws aren't passed by July 1, 1993.
Section § 8
This law establishes the Marine Resources Protection Account within the Fish and Game Preservation Fund, starting January 1, 1991, to collect fees that will help compensate individuals who surrender permits and cover administrative costs related to the article. Unused funds carry over to the next fiscal year, and interest from these fees stays within the account for the same purposes. The account remains until compensation obligations from a related section are complete or until January 1, 1995, whichever comes first.
Up to 15% of annual revenues can be used for administration. People fishing in certain southern ocean waters must add a $3 marine resources protection stamp to their sportfishing or commercial fishing licenses. Additionally, donations are accepted to support compensation for certain fishermen. This regulation is scheduled to end on January 1, 1995.
Section § 9
Starting from January 1, 1995, any leftover money in the Marine Resources Protection Account can be used to fund scientific research. This research must focus on marine resources within specific ecological reserves. Colleges, universities, and qualified research groups can receive grants for such research, but these grants need the Fish and Game Commission's approval.
Section § 10
Every year by December 31, the Director of Fish and Game must create and send a report to the Legislature. This report should cover how this specific article is being carried out and include details about how all the funds are being used.
Section § 11
This law makes it illegal for anyone to handle fish that have been caught in ways that break the rules outlined in this article. This includes taking, having, transporting, buying, selling, trading, or processing such fish.
Section § 12
This law requires the Department of Fish and Game to set up a program to track and assess the daily fish catches by commercial fishermen. The goal is to boost the state's knowledge about ocean fisheries. The costs for running this program will be paid by the commercial fishing industry itself.
Section § 13
This law outlines penalties for violating specific provisions related to commercial fish activities. The first violation results in a fine between $1,000 and $5,000 and a six-month suspension of related licenses. A second or further violation increases the fine to between $2,500 and $10,000, with a one-year license suspension. Violations of Section 8 are treated according to separate Fish and Game Code penalties. For anyone placed on probation after such violations, they must at least pay the minimum fines.
Section § 14
Before January 1, 1994, the Fish and Game Commission is required to set up four new ecological reserves in coastal ocean waters. Each reserve should cover at least two square miles. These areas are to be used exclusively for scientific research that focuses on managing and improving marine resources.
Section § 15
This law makes it clear that nothing in this article can override or replace existing rules that close off areas to protect wildlife like sea otters, whales, and shorebirds.
Section § 16
This law states that if any part of this article is found to be invalid or doesn't apply to a certain situation, it won't affect the rest of the article. The parts that are still valid or applicable can still be enforced. In simple terms, each section of this article can stand on its own even if one part isn’t valid.