CALIFORNIA CONSTITUTION
ARTICLE X
WATER | MARINE RESOURCES PROTECTION ACT OF 1990
Art. X-B §1 | MARINE RESOURCES PROTECTION ACT OF 1990
Art. X-B §2 | FISH & GAME CODE
(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) “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:
(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.
Art. X-B §3 | GILL NET RESTRICTIONS
(b) On and after January 1, 1994, gill nets and trammel nets shall not be used in the zone.
Art. X-B §4 | WATER RESOURCES DEVELOPMENT
(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.
Art. X-B §5 | GILL NET PERMITS & LEGAL RECOVERY
(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.
Art. X-B §6 | FEES & RECOVERY RESOURCES
| Calendar Year | Fee |
|---|---|
| 1991 | $250 |
| 1992 | 500 |
| 1993 | 1,000 |
Art. X-B §7 | PROCESS FOR SEEKING COMPENSATION
(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) 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) 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.
Art. X-B §8 | MARINE RESOURCES PROTECTION ACCOUNT AND ASSOCIATED FEES
(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) 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) 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) 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.
Art. X-B §9 | USE OF MARINE RESOURCES PROTECTION ACCOUNT FOR SCIENTIFIC RESEARCH GRANTS
Art. X-B §10 | ANNUAL REPORT ON MARINE RESOURCES AND FUND ALLOCATION
Art. X-B §11 | PENALTIES FOR VIOLATIONS OF MARINE RESOURCES LAWS
Art. X-B §12 | ENFORCEMENT AND PENALTIES RELATED TO MARINE RESOURCE PROTECTION
Art. X-B §13 | PENALTIES AND ENFORCEMENT FOR VIOLATIONS OF MARINE RESOURCE REGULATIONS
(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) 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.
Art. X-B §14 | AUTHORITY TO LEVY FEES FOR MARINE RESOURCE MANAGEMENT
Art. X-B §15 | ALLOCATING FUNDS FOR MARINE PROTECTION AND ENHANCEMENT
Art. X-B §16 | SEVERABILITY CLAUSE FOR MARINE RESOURCES PROVISIONS
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