This division shall be known, and may be cited, as the California Ocean Protection Act.
Chapter 1General Provisions
Section § 35500
This law section designates the name of this part of the legal code as the California Ocean Protection Act. It's essentially stating the formal title by which this division can be recognized and referenced.
Ocean Protection environmental law California coast marine conservation ocean health ecosystem management coastal protection marine resources sustainability natural resource management
Section § 35505
This law declares the importance of California's coastal and ocean resources for the state's environment, economy, and culture. It highlights the responsibility of each generation to protect these resources for future generations.
The law notes that the ocean is a unique, valuable resource held in trust by the state, and identifies issues like pollution, harmful fishing practices, and invasive species as threats to ocean health.
Preserving ocean resources requires healthy ecosystems, sustainable governance, and informed decision-making based on science. It calls for efficient public spending, coordinated governance, and public involvement to conserve ocean resources.
It acknowledges that land-based pollution harms marine ecosystems and the state's economy. The California Ocean Resources Management Act guides the management and conservation efforts of these vital resources.
The Legislature finds and declares all of the following:
(a)CA Public Resources Code § 35505(a) California’s coastal and ocean resources are critical to the state’s environmental and economic security, and integral to the state’s high quality of life and culture. A healthy ocean is part of the state’s legacy, and is necessary to support the state’s human and wildlife populations. Each generation of Californians has an obligation to be good stewards of the ocean, to pass the legacy on to their children.
(b)CA Public Resources Code § 35505(b) The ocean and coastal waters offshore of the state are unique and valuable natural resources that the state holds in trust for the people of California. The state of our ocean’s health is well documented. Reports such as the 1997 Resources Agency report, “California’s Ocean Resources: An Agenda for the Future,” the 2003 Pew Oceans Commission report, “America’s Living Oceans: Charting a Course for Sea Change,” and the United States Commission on Oceans Policy’s 2004 preliminary report, document degraded ocean values, due to coastal and ocean development, onshore and offshore pollution, certain fishing and aquaculture practices, and invasive species, among other things.
(c)CA Public Resources Code § 35505(c) The preservation of the state’s ocean resources depends on healthy, productive, and resilient ocean ecosystems. The governance of ocean resources should be guided by principles of sustainability, ecosystem health, precaution, recognition of the interconnectedness between land and ocean, decisions informed by good science and improved understanding of coastal and ocean ecosystems, and public participation in decisionmaking.
(d)CA Public Resources Code § 35505(d) Good governance and stewardship of ocean resources necessitate more efficient and effective use of public funds.
(e)CA Public Resources Code § 35505(e) The state needs to coordinate governance and stewardship of the state’s ocean, to identify priorities, bridge existing gaps, and ensure effective and scientifically sound approaches to protecting and conserving the most important ocean resources.
(f)CA Public Resources Code § 35505(f) The California Ocean Resources Management Act of 1990 (Division 27 (commencing with Section 36000)) establishes the California Ocean Resources Management Program. The mission of the program is to ensure comprehensive and coordinated management, conservation, and enhancement of the state’s ocean resources, for their intrinsic value and the benefit of current and future generations.
(g)CA Public Resources Code § 35505(g) Terrestrial sources of ocean pollution in the state contribute to significant water quality degradation, causing deleterious impacts to public health and marine ecosystems, as well as coastal and recreational economics that are essential to the state’s future.
coastal resources ocean stewardship environmental security economic security marine ecosystems pollution impacts fishing practices invasive species ocean governance sustainable management public health impact recreational economics resource conservation California Ocean Resources Management Act terrestrial pollution
Section § 35510
This law emphasizes California's commitment to safeguarding coastal waters and ocean ecosystems, recognizing them as vital natural resources. It lays out several principles for state agencies to follow when making decisions related to these areas. Key points include the need to conserve ocean life and ecosystems, acknowledge the link between land activities and ocean health, and incorporate ecosystem-based management using sound science. The law also highlights the importance of improving scientific monitoring, supporting sustainable uses, and prioritizing the restoration of degraded ecosystems and the health of fish populations in coastal waters.
The Legislature finds and declares all of the following:
(a)CA Public Resources Code § 35510(a) The coastal waters offshore of the state and the ocean ecosystems associated with those waters are natural resources that the state holds in trust for the people of the state.
(b)CA Public Resources Code § 35510(b) It is the state’s policy that all public agencies shall consider the following principles in administering the laws established for the protection and conservation of coastal waters:
(1)CA Public Resources Code § 35510(b)(1) State decisions affecting coastal waters and the ocean environment should be designed and implemented to conserve the health and diversity of ocean life and ecosystems, allow and encourage those activities and uses that are sustainable, and recognize the importance of aesthetic, educational, and recreational uses.
(2)CA Public Resources Code § 35510(b)(2) The ocean ecosystem is inextricably linked to activities on land and all public agencies should consider the impact of activities on land that may adversely affect the health of the coastal and ocean environment.
(3)CA Public Resources Code § 35510(b)(3) It is the state’s policy to incorporate ecosystem perspectives into the management of coastal and ocean resources, using sound science, with a priority of protecting, conserving, and restoring coastal and ocean ecosystems, rather than managing on a single species or single resource basis.
(4)CA Public Resources Code § 35510(b)(4) A goal of all state actions shall be to improve monitoring and data gathering, and advance scientific understanding, to continually improve efforts to protect, conserve, restore, and manage coastal waters and ocean ecosystems.
(5)CA Public Resources Code § 35510(b)(5) State and local actions that affect ocean waters or coastal or ocean resources should be conducted in a manner consistent with protection, conservation, and maintenance of healthy coastal and ocean ecosystems and restoration of degraded ocean ecosystems.
(6)CA Public Resources Code § 35510(b)(6) Improving the quality of coastal waters and the health of fish in coastal waters should be a priority for the state.
coastal waters protection ocean ecosystems natural resources trust state policy public agencies sustainable activities ecosystem perspective land-sea link sound science coastal restoration ecosystem management ocean biodiversity scientific monitoring fish health degraded ecosystems restoration
Section § 35515
This law section outlines objectives for protecting and conserving California's ocean resources. It aims to coordinate state efforts and laws to follow guiding principles for protection. The goals include working with federal agencies, improving management efficiency to save taxpayer money, leveraging private resources, and ensuring public access for various uses. It also focuses on scientific research to support these efforts.
The Legislature finds and declares that the purpose of this division is to integrate and coordinate the state’s laws and institutions responsible for protecting and conserving ocean resources, including coastal waters and ocean ecosystems, to accomplish all of the following objectives:
(a)CA Public Resources Code § 35515(a) Provide a set of guiding principles for all state agencies to follow, consistent with existing law, in protecting the state’s coastal and ocean resources.
(b)CA Public Resources Code § 35515(b) Encourage cooperative management with federal agencies, to protect and conserve representative coastal and ocean habitats and the ecological processes that support those habitats.
(c)CA Public Resources Code § 35515(c) Improve coordination and management of state efforts to protect and conserve the ocean by establishing a cabinet level oversight body responsible for identifying more efficient methods of protecting the ocean at less cost to taxpayers.
(d)CA Public Resources Code § 35515(d) Use California’s private and charitable resources more effectively in developing ocean protection and conservation strategies.
(e)CA Public Resources Code § 35515(e) Provide for public access to the ocean and ocean resources, including to marine protected areas, for recreational use, and aesthetic, educational, and scientific purposes, consistent with the sustainable long-term conservation of those resources.
(f)CA Public Resources Code § 35515(f) Identify scientific research and planning that is useful for the protection and conservation of coastal waters and ocean ecosystems, and coordinate and assist state agencies in addressing those needs.
ocean resources coastal waters ecological processes cooperative management federal agencies cabinet level oversight private resources charitable resources public access marine protected areas recreational use scientific research ocean conservation habitat protection sustainable conservation
