2005 California Fish and Game Code Sections 8610.1-8610.16 Article 1.4. Marine Resources Protection Act of 1990

8610.1.  The Marine Resources Protection Act of 1990 (Art. XB, Cal.
Const.) was adopted as an initiative constitutional amendment at the
November 6, 1990, general election.  This article codifies and
implements that initiative constitutional amendment.
8610.2.  (a) "District" for the purposes of this article and of
Article XB of the California Constitution means a fish and game
district as defined in this code on January 1, 1990.
   (b) Except as specifically provided in this article, all
references to sections, articles, chapters, parts, and divisions of
this code are to those statutes in effect on January 1, 1990.
   (c) "Ocean waters" means the waters of the Pacific Ocean regulated
by the state.
   (d) "Zone" means the Marine Resources Protection Zone established
pursuant to this article.  The zone consists of the following:
   (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) 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) 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.
8610.3.  (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 pursuant to Section
8610.5.
   (b) On and after January 1, 1994, gill nets and trammel nets shall
not be used in the zone.
8610.4.  (a) Notwithstanding any other provision of law, gill nets
and trammel nets may not be used to take any species of rockfish.
   (b) In ocean waters north of Point Arguello on and after November
7, 1990, the use of gill nets and trammel nets shall be regulated by
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, 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) to
(f), inclusive, of Section 8681.5, 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 or
possession of gill nets or trammel nets.  The director 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.
8610.5.  The department shall issue a permit to use a gill net or
trammel net in the zone for the period specified in subdivision (a)
of Section 8610.3 to any applicant who meets both of the following
requirements:
   (a) Has a commercial fishing license issued pursuant to Sections
7850 to 7852.3, inclusive.
   (b) Has a permit issued pursuant to Section 8681 and is presently
the owner or operator of a vessel equipped with a gill net or trammel
net.
8610.6.  The department shall charge the following fees for permits
issued pursuant to Section 8610.5 pursuant to the following schedule:
     Calendar Year              Fee
         1991                  $  250
         1992                     500
         1993                   1,000
8610.7.  (a) Commencing on July 1, 1993, there shall be paid to any
person who submitted the form required by Section 7 of Article XB of
the California Constitution within the 90-day period specified in
subdivision (a) of that section, holds a permit issued pursuant to
Section 5 of Article XB, who operates in the zone established
pursuant to that article, who surrenders that permit to the
department between July 1, 1993, and January 1, 1994, inclusive, and
who agrees to permanently discontinue fishing with gill and trammel
nets within the zone, a one-time compensation consisting of 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 within the zone during the years 1983 to 1987,
inclusive.  The department shall determine the amount of compensation
to be paid by reviewing logs and landing receipts submitted to the
department.
   (b) Any person who did not submit the form required by Section 7
of Article XB of the California Constitution within the 90-day period
specified in subdivision (a) of that section, or whose claim to
compensation cannot be verified, shall not be compensated.
   (c) 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 commission.
   (d) 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.
   (e) Notwithstanding any other provision of law, any legal action
or proceeding to challenge the validity of subdivision (b) of Section
3, or of Section 7, of Article XB of the California Constitution
shall be commenced on or before April 1, 1993.  In all actions
brought to challenge the validity of subdivision (b) of Section 3, or
of Section 7, of Article XB of the California Constitution,
including the hearing of any such action on appeal from the decision
of a lower court, all courts where those actions are filed or pending
shall give preference to those actions over all other civil actions
filed or pending in that court, with respect to setting the action
for trial or hearing, and in trying or hearing the matter, to the end
that all such actions shall be heard and determined as expeditiously
as possible.
   (f) If subdivision (b) of Section 3, or Section 7, of Article XB
of the California Constitution is held invalid, any compensation paid
to a person pursuant to this section shall be repaid to the state.
No person shall be issued any permit or license pursuant to this
article until repayment has been made.
8610.8.  (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 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 8610.7 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 8610.7 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 8610.7 has been fully
funded or until January 1, 1995, whichever occurs first.
   (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 and Article XB of the California
Constitution.
   (c) In addition to a valid California sportfishing license issued
pursuant to Section 7149, 7149.1, or 7149.2  and any applicable sport
license stamp issued pursuant to this 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) In addition to a valid California commercial passenger fishing
boat license required by Section 7920, 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) 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) This section shall become inoperative on January 1, 1995.
8610.9.  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 commission, be used to provide
grants to colleges, universities, and other bona fide scientific
research groups to fund marine resource related scientific research
within the ecological reserves established by Section 8610.14.  An
amount, not to exceed 15 percent of the total funds remaining in that
account on or after January 1, 1995, may be expended for the
administration of this section.
8610.10.  On or before December 31 of each year, the director shall
prepare and submit a report to the Legislature regarding the
implementation of this article, including an accounting of all funds.
  The director shall include in the report an account of the costs
incurred by the department for the administration of this article and
Article XB of the California Constitution.
8610.11.  It is unlawful for any person to take, possess, receive,
transport, purchase, sell, barter, or process any fish obtained in
violation of this article.
8610.12.  To increase the state's scientific and biological
information on the ocean fisheries of this state, the department
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.
8610.13.  (a) The penalty for a first violation of Sections 8610.3
and 8610.4 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 Sections 8610.3 and 8610.4 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) Notwithstanding any other provisions of law, a violation of
Section 8610.8 shall be deemed a violation of Section 7145, and the
penalty for such violation shall be consistent with Section 12002.2.
   (c) If a person convicted of a violation of Section 8610.3,
8610.4, or 8610.8 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.
8610.14.  (a) Prior to January 1, 1994, the 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, including, but not
limited to, scientific research as it relates to sportfishing and
commercial fishing.
   Recreational uses, including, but not limited to, hiking, walking,
viewing, swimming, diving, surfing, and transient boating are not in
conflict with this section.
   (b) Prior to establishing the four ecological reserves, the
commission shall conduct a public hearing at each of the recommended
sites or at the nearest practicable location.
   (c) On and after January 1, 2002, the four ecological reserves
established pursuant to subdivision (a) shall be called state marine
reserves, unless otherwise reclassified pursuant to Section 2855, and
shall become part of the state system of marine managed areas.
8610.15.  This article does not preempt or supersede any other
closures to protect any other wildlife, including sea otters, whales,
and shorebirds.
8610.16.  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.