Section § 1

Explanation

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.

This article shall be known and may be cited as the Marine Resources Protection Act of 1990.

Section § 2

Explanation

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.

(a)CA California Constitution Code § 2(a) “District” means a fish and game district as defined in the Fish and Game Code by statute on January 1, 1990.
(b)CA California Constitution Code § 2(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)CA California Constitution Code § 2(c) “Ocean waters” means the waters of the Pacific Ocean regulated by the State.
(d)CA California Constitution Code § 2(d) “Zone” means the Marine Resources Protection zone established pursuant to this article. The zone consists of the following:
(1)CA California Constitution Code § 2(d)(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)CA California Constitution Code § 2(d)(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)CA California Constitution Code § 2(d)(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.

Section § 3

Explanation

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.

(a)CA California Constitution Code § 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)CA California Constitution Code § 3(b) On and after January 1, 1994, gill nets and trammel nets shall not be used in the zone.

Section § 4

Explanation

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.

(a)CA California Constitution Code § 4(a) Notwithstanding any other provision of law, gill nets and trammel nets may not be used to take any species of rockfish.
(b)CA California Constitution Code § 4(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.

Section § 5

Explanation

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.

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)CA California Constitution Code § 5(a) Has a commercial fishing license issued pursuant to Sections 7850–7852.3 of the Fish and Game Code.
(b)CA California Constitution Code § 5(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.

Section § 6

Explanation

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.

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

Section § 7

Explanation

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.

(a)CA California Constitution Code § 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)CA California Constitution Code § 7(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)CA California Constitution Code § 7(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)CA California Constitution Code § 7(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.

Section § 8

Explanation

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.

(a)CA California Constitution Code § 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)CA California Constitution Code § 8(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)CA California Constitution Code § 8(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)CA California Constitution Code § 8(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)CA California Constitution Code § 8(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)CA California Constitution Code § 8(f) This section shall become inoperative on January 1, 1995.

Section § 9

Explanation

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.

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.

Section § 10

Explanation

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.

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.

Section § 11

Explanation

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.

It is unlawful for any person to take, possess, receive, transport, purchase, sell, barter, or process any fish obtained in violation of this article.

Section § 12

Explanation

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.

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.

Section § 13

Explanation

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.

(a)CA California Constitution Code § 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)CA California Constitution Code § 13(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)CA California Constitution Code § 13(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.

Section § 14

Explanation

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.

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.

Section § 15

Explanation

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.

This article does not preempt or supersede any other closures to protect any other wildlife, including sea otters, whales, and shorebirds.

Section § 16

Explanation

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.

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.