This division shall be known and may be cited as the California Ocean Resources Management Act of 1990 (CORMA).
Chapter 1Findings and Declarations
Section § 36000
This section introduces a law called the California Ocean Resources Management Act of 1990. This law deals with managing and protecting ocean resources in California.
ocean resources ocean management California Ocean Resources Management Act 1990 marine protection ocean conservation marine resources environmental policy coastal management ocean sustainability ocean legislation marine environment ecosystem management natural resource management
Section § 36001
This law highlights the significance of the Pacific Ocean's resources and acknowledges the necessity of using these resources responsibly and intelligently as technology advances. It mentions President Reagan's proclamations establishing the U.S. exclusive economic zone and extending territorial waters, which expand U.S. jurisdiction and responsibility. The law emphasizes the need for cooperation between federal, state, and local agencies to manage ocean resources effectively due to their interconnectedness. It also notes the increasing challenges and policy issues arising from competing demands on ocean resources, like food, energy, and waste disposal, and stresses the importance of creating a clear framework and responsibilities for managing these resources in California.
The Legislature hereby finds and declares all of the following:
(a)CA Public Resources Code § 36001(a) The Pacific Ocean and its many renewable and nonrenewable resources are of economic, environmental, aesthetic, recreational, military, and scientific importance to the people of the state and the nation.
(b)CA Public Resources Code § 36001(b) Humankind will benefit from ocean resources as technology continues to develop. Our ability to protect, preserve, coordinate, develop, and utilize these resources requires that we do so in an informed and balanced manner.
(c)CA Public Resources Code § 36001(c) On March 10, 1983, President Reagan established by proclamation an exclusive economic zone for the United States, declaring sovereign rights over living and nonliving resources within the 200-mile United States exclusive economic zone (EEZ).
(d)CA Public Resources Code § 36001(d) On December 27, 1988, President Reagan extended by proclamation the seaward limit of United States territorial waters from 3 to 12 nautical miles.
(e)CA Public Resources Code § 36001(e) The establishment of the exclusive economic zone and the extension of the Territorial Sea create zones under federal jurisdiction adjacent to state waters, and provide opportunity for all coastal states of the United States to more fully exercise and assert their responsibilities pertaining to the protection, conservation, and development of ocean resources under United States jurisdiction.
(f)CA Public Resources Code § 36001(f) Exploration, scientific research, development, and production of ocean resources resulting from differing jurisdictions and multiple programs in federal and state waters, will increase the chance of conflicting demands on ocean resources and uses, such as those for food, energy, minerals, and waste disposal.
(g)CA Public Resources Code § 36001(g) Resolution of conflicting interests in the use, development, and conservation of ocean resources will become one of the major policy issues facing the state. The problems which will emerge in the future due to interactions of competing users are already prevalent to some degree today.
(h)CA Public Resources Code § 36001(h) State agencies do have particular regulatory or program interests in protecting and managing resources and uses in state waters and for coordinating state interests in the territorial sea and the EEZ, but the state needs to formulate a framework of statewide objectives for management of ocean resources and their uses, and outline a clear statement of functional responsibility for state ocean resources management.
(i)CA Public Resources Code § 36001(i) The exclusive economic zone, the territorial sea, state waters, and terrestrial environments are an interdependent system that has to be managed through a cooperative effort between appropriate federal, state, and local agencies. The fluid, dynamic nature of the ocean and the migration of many of its living resources beyond state and federal boundaries extend the ocean management interests of this state beyond the three-nautical-mile limit currently managed by the state pursuant to the federal Submerged Lands Act (43 U.S.C. Sec. 1301 et seq.).
Pacific Ocean resources exclusive economic zone sovereign rights territorial waters extension federal jurisdiction state responsibilities ocean resource management conflicting demands food energy minerals waste disposal federal state cooperation submerged lands act marine policy issues statewide objectives interdependent system
Section § 36002
This section outlines California's policy on managing ocean resources. It emphasizes assessing the long-term benefits of ocean conservation and development to protect the ocean ecosystem and manage resources properly. California aims to encourage environmentally sustainable ocean development that benefits the economy as well. The policy includes coordinating management of ocean resources between state and federal levels and emphasizes research to understand ocean processes better. Furthermore, the policy supports innovative marine technologies and ensures that state and federal resource planning is aligned, even involving collaboration with neighboring states and local governments.
The Legislature further finds and declares all of the following:
(a)CA Public Resources Code § 36002(a) It is the policy of the State of California to do the following:
(1)CA Public Resources Code § 36002(a)(1) Assess the long-term values and benefits of the conservation and development of ocean resources and uses with the objective of restoring or maintaining the health of the ocean ecosystem and ensuring the proper management of renewable and nonrenewable resources.
(2)CA Public Resources Code § 36002(a)(2) Encourage ocean resources development which is environmentally sound, sustainable, and economically beneficial.
(3)CA Public Resources Code § 36002(a)(3) Provide for efficient and coordinated resources management in state and federal waters.
(4)CA Public Resources Code § 36002(a)(4) Assert the interests of this state in cooperation with federal agencies in the sound management of ocean resources.
(5)CA Public Resources Code § 36002(a)(5) Promote research, study, and understanding of ocean processes and resources to acquire the scientific information necessary to understand the ocean ecosystem and life-support systems and the relationships of ocean development activities and associated impacts on ocean and coastal resources of the state and adjacent zones of federal jurisdiction.
(6)CA Public Resources Code § 36002(a)(6) Encourage research and development of innovative, environmentally compatible marine technologies for protection, exploration, and utilization of ocean resources.
(b)CA Public Resources Code § 36002(b) It is further the policy of the State of California to develop and maintain an ocean resources planning and management program to promote and ensure coordinated management of federal resources and uses with those in state waters, and with adjacent states, to ensure effective participation in federal planning and management of ocean resources and uses which may affect this state, and to coordinate state agency management of ocean resources with local government management of coastal zone uses and resources above the mean high tide line.
ocean conservation sustainable development ocean ecosystem resource management federal coordination marine technology ocean research coastal resources environmentally sound practices state and federal waters ocean planning ecosystem health scientific information state interests local government coordination
Section § 36003
This law states that the provisions in this division cannot be used to delay or block any current or future projects while preparing a required report and plan. It also makes clear that it does not override any existing state agency powers. Additionally, it specifies that the task force created for this purpose will be disbanded once it submits its report and plan to the Governor and the Legislature.
(a)CA Public Resources Code § 36003(a) No authority is created under this division, nor shall any of its purposes or provisions be used by any public or private agency or person, to delay or deny any existing or future project or activity during the preparation and delivery of the report and plan required by this division.
(b)CA Public Resources Code § 36003(b) No authority is created under this division to supersede current state agency statutory authority.
(c)CA Public Resources Code § 36003(c) The task force established pursuant to Section 36300 shall cease to exist upon delivery of its report and plan to the Governor and the Legislature.
project delays authority limitation state agency powers task force termination report preparation plan delivery project continuation existing authority future projects agency jurisdiction report submission plan submission public agency limitations private agency limitations task force cessation
