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MARINE RESOURCES PROTECTION ACT OF 1990
Article 10B

CALIFORNIA CONSTITUTION ARTICLE 10B MARINE RESOURCES PROTECTION ACT OF 1990


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

SEC. 2.
(a) "District" means a fish and game district as defined in the Fish and Game Code by statute on January 1, 1990.
(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:
(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 Nicolas, 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.

SEC. 2.
(a) "District" means a fish and game district as defined in the Fish and Game Code by statute on January 1, 1990.
(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:
(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 Nicolas, 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.

SEC. 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) On and after January 1, 1994, gill nets and trammel nets shall not be used in the zone.

SEC. 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 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.

SEC. 5. 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) Has a commercial fishing license issued pursuant to Sections 7850-7852.3 of the Fish and Game Code.
(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.

A complete version of this act is on the following seb link;
http://www.leginfo.ca.gov/.const/.article_10B


What can be done to protect all shallow water breeder zones, even the areas outside the current distance laws?
It has been assumed that shallow water gill netting was illegal in less than 70 fathoms, not true. Unfortunately the current laws do not protect the shallow breeder zone waters outside the distance laws 1-3 miles respectively. The near shore gill net ban of 1990 was enacted to stop the carnage that is going on at Cortez bank today. All shallow water breeder zones could be protected if one word in the above law were changed. All areas shallower than 420’ would enjoy legal protection. Below is the changed sentence which would protect all areas shallower than 70 fathoms.

Law;
In waters less than 70 fathoms or within one mile, whichever is less (all islands)

Proposed change law wording;
In waters less than 70 fathoms and within one mile, whichever is less (all islands)

The above changes would put more teeth in the current laws and protect all shallow water breeder zones.

***PLEASE HUNT RESPONSIBLY***
Please remember! You owe it to yourself and the fish you hunt to use only the most appropriate equipment for the game you are hunting. You should make constant adjustments to maximize your success and minimize lost and mutilated fish. You must make sure that the fewest fish possible die in vain as a result of mistakes.

*****THE KEY IS TO BE WITH THE SEA*****
Good Luck and Good Hunting!
Skip Hellen



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