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State
California
PRC Sec 36000-36995 OCEAN RESOURCES MANAGEMENT ACT OF 1990


PUBLIC RESOURCES CODE
SECTION 36000-36995





36000. This division shall be known and may be cited as the
California Ocean Resources Management Act of 1990 (CORMA).



36001. The Legislature hereby finds and declares all of the
following:
(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) 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) 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) On December 27, 1988, President Reagan extended by
proclamation the seaward limit of United States territorial waters
from 3 to 12 nautical miles.
(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) 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) 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) 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) 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.).



36002. The Legislature further finds and declares all of the
following:
(a) It is the policy of the State of California to do the
following:
(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) Encourage ocean resources development which is environmentally
sound, sustainable, and economically beneficial.
(3) Provide for efficient and coordinated resources management in
state and federal waters.
(4) Assert the interests of this state in cooperation with federal
agencies in the sound management of ocean resources.
(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) Encourage research and development of innovative,
environmentally compatible marine technologies for protection,
exploration, and utilization of ocean resources.
(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.



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) No authority is created under this division to supersede
current state agency statutory authority.
(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.



36100. Unless the context otherwise requires, the definitions in
this chapter govern the interpretation of this division.



36101. "Advisory committee" means the California Ocean Resources
Advisory Committee established pursuant to Section 36302.



36102. "Exclusive economic zone (EEZ)" means the zone as measured
from the mean high tide line seaward to 200 nautical miles as set
forth in the Presidential Proclamation 5030 of March 10, 1983, in
which the United States proclaimed jurisdiction over the resources of
the ocean within 200 miles of the coastline.



36103. "High Seas" means offshore waters beyond 200 nautical miles
from the coastline.



36104. "Program" means the California Ocean Resources Management
Program established by Section 36200.



36105. "Ocean" and "marine" mean those waters from the coastline
into the high seas.



36106. "Ocean resources" means all living and nonliving resources
found in the Pacific Ocean and its contiguous saline or brackish
bays and estuaries.


36107. "Report and plan" means the report and plan prepared by the
task force.



36108. "State waters" means the zone as measured from the mean high
tide line to three nautical miles offshore, as set forth by the
Submerged Lands Act (43 U.S.C. Sec. 1311) in which the United States
released to adjacent coastal states title, ownership, and the right
to manage natural resources from the mean high tide line seaward to
three miles.



36109. "Task force" means the Ocean Resources Task Force created by
Section 36300.



36110. "Territorial sea" means the zone as measured from mean high
tide line to 12 nautical miles offshore as set forth in the
Presidential Proclamation on December 27, 1988, in which the United
States extended its sovereignty and jurisdiction.

36200. To ensure the conservation and development of ocean
resources consistent with purposes of this division, a coordinated
program of ocean resources planning and management is established.



36201. The California Ocean Resources Management Program consists
of all of the following:
(a) The Ocean Resources Task Force.
(b) The California Ocean Resources Advisory Committee.
(c) The report and plan prepared and adopted pursuant to Chapter 6
(commencing with Section 36500).



36202. (a) The State of California is hereby authorized to
participate with the States of Alaska, Hawaii, Oregon, and Washington
in a joint liaison program with the Center for Ocean Analysis and
Prediction of the National Oceanic and Atmospheric Administration,
with the objective of assisting the states in taking maximum
advantage of the oceanographic data, products, and services available
from the federal government through the Center for Ocean Analysis
and Prediction.
(b) The liaison program shall include all of the following:
(1) Assist state and local governments to become fully aware of
oceanographic data and products available from the federal government
and especially from the Center for Ocean Analysis and Prediction.
(2) Assist the Center for Ocean Analysis and Prediction and the
National Oceanic and Atmospheric Administration to become more fully
aware of state and local problems and the requirements of state and
local governments.
(3) Assist in setting up lines of communications to move
oceanographic data and products from the Center for Ocean Analysis
and Prediction to the people in the states who need those data and
products.
(c) The liaison program shall include workshops for small groups
of technical experts from state and local governments, academic
institutions, and the private sector. The workshops shall be held at
the Center for Ocean Analysis and Prediction in Monterey and at
other facilities in the western states as appropriate.
(d) This section shall not become operative until at least one
other state participates in the joint liaison program.

36300. The Ocean Resources Task Force is hereby created in state
government. The task force is composed of the following or their
designee: the Secretary of Environmental Affairs, the Secretary of
the Resources Agency, the State Director of Health Services, the
Secretary of the Business, Transportation and Housing Agency, the
Chairperson or Executive Officer of the State Lands Commission as
determined by the commission, the Chairperson or Executive Director
of the California Coastal Commission as determined by the commission,
the Chairperson or Executive Officer of the Coastal Conservancy as
determined by the conservancy, the Chairperson or Executive Director
of the San Francisco Bay Conservation and Development Commission as
determined by the commission, the Director of Conservation, the
Director of Fish and Game, the Director of Boating and Waterways, the
Director of Parks and Recreation, the Chairperson of the Mining and
Geology Board, the Chairperson or Executive Director of the State
Water Resources Control Board as determined by the board, the
Executive Officer of each California regional water quality control
board for a coastal region, the Director of Finance, the Chairperson
or Executive Director of the State Energy Resources Conservation and
Development Commission as determined by the commission, the
Chairperson of the State Air Resources Board, the Chairperson of the
Senate Committee on Natural Resources and Wildlife, the Chairperson
of the Assembly Natural Resources Committee, the President of the
University of California, the Chancellor of the California State
University, and the Director of the California Sea Grant program.



36301. The chairperson of the task force shall be the Secretary of
the Resources Agency, who shall provide all staff support required by
the task force. The task force shall meet at the call of the
chairperson.


36302. The chairperson of the task force, with advice from the task
force, shall appoint the California Ocean Resources Advisory
Committee, which, at a minimum, shall consist of the following:
representatives of coastal local governments, relevant federal
agencies, environmental and interest groups, the Legislature, and
relevant industries such as oil and gas, hard minerals,
biotechnology, commercial and sportfishing, seafood processing,
aquaculture, transportation, tourism, and ports and harbors.
The advisory committee shall review the draft of the report and
plan of the task force and shall advise the task force in its
preparation.

36400. The task force shall prepare a report and plan as required
by Section 36500.



36401. The chairperson of the task force shall submit the report
and plan to the Governor and the Legislature as specified in Section
36500.


36402. The task force shall provide opportunity for public review
and comment following release of a draft scoping document and also
following release of a draft report and plan. Public comments shall
be submitted with the report and plan to the Governor and the
Legislature.


36500. The task force shall prepare a report regarding existing
ocean resources management activities and impacts, including a plan
to increase coordination and consolidation of these activities. The
report and plan shall be submitted to the Governor and the
Legislature by July 1, 1994. The report and plan shall include, to
the degree information is available, at least all of the following:
(a) Inventory of state and federal laws, rules and regulations,
authorities, and programs which pertain to the resources and uses of
state and federal waters.
(b) Analysis of state laws, rules and regulations, authorities,
and programs which pertain to the resources and uses of state and
federal waters, and which conflict with one another or with federal
laws, rules and regulations, authorities, and programs.
(c) Identification of existing and potential resources and uses
of, and issues pertaining to, the ocean, and of potential new
industries and jobs related to development of ocean resources and
uses.
(d) Identification of potential impacts to federal and state
waters and to coastal areas above the mean high tide line from
activities in federal and state waters, and an evaluation of state
agency ability to manage those impacts.
(e) Identification of all existing state and federal programs
relating to federal and state waters pollution research and
monitoring, including general research on the marine ecosystem.
(f) Evaluation of the feasibility of developing computerized
mapping of existing conditions, uses, and resources in federal and
state waters.
(g) A long-term plan for conservation and protection of ocean
resources and uses.
(h) A long-term plan for the management of California's interests
in federal waters, including recommendations to develop or improve
state agency programs relating to the management of EEZ resources and
uses, and the identification of issues which may affect local
government local coastal programs.
(i) A plan for the continuation and improvement of the role of the
state as a leader in education, research, and training in marine
sciences and the management of marine resources, including
recommendations for state-supported marine research in state and
federal waters.
(j) A plan for cooperation by the state with other states, the
federal government, other nations, and national and international
organizations in marine science activities when that cooperation is
in the interest of the State of California.
(k) A plan for options for ensuring appropriate public
infrastructure investment to support present and future ocean
industries.
(l) Prioritization of resource and use conflicts in federal and
state waters.
(m) Identification of alternative dispute management and
resolution processes for resource conflicts in and between federal
and state jurisdictions, and a proposed framework for managing future
conflicts.
(n) A plan for joint federal and state management activities and
revenue sharing in state and federal waters.
(o) Recommendations for proposed implementing legislation, if any.



36600. This chapter shall be known, and may be cited, as the Marine
Managed Areas Improvement Act.



36601. (a) The Legislature finds and declares all of the following:

(1) California's extraordinary ocean and coastal resources provide
a vital asset to the state and nation. These resources are
important to public health and well-being, ecological health, and
ocean-dependent industries.
(2) The ocean ecosystem is inextricably connected to the land,
with coastal development, water pollution, and other human activities
threatening the health of marine habitat and the biological
diversity found in California's ocean waters. New technologies and
demands have encouraged the expansion of fishing and other activities
to formerly inaccessible marine areas that once recharged nearby
fisheries. As a result, ecosystems throughout the state's ocean
waters are being altered, often at a rapid rate.
(3) California's marine managed areas (MMAs), such as refuges,
reserves, and state reserves, are one of many tools for resource
managers to use for protecting, conserving, and managing the state's
valuable marine resources. MMAs can offer many benefits, including
protecting habitats, species, cultural resources, and water quality;
enhancing recreational opportunities; and contributing to the economy
through such things as increased tourism and property values. MMAs
may also benefit fisheries management by protecting representative
habitats and reducing extractive uses.
(4) The array of state MMAs in California is the result of over 50
years of designations through legislative, administrative, and
statewide ballot initiative actions, which has led to 18
classifications and subclassifications of these areas.
(5) A State Interagency Marine Managed Areas Workgroup was
convened by the Resources Agency to address this issue, bringing
together for the first time all of the state agencies with
jurisdiction over these areas. This group's report indicates that
California's state MMAs have evolved on a case-by-case basis, without
conforming to any plan for establishing MMAs in the most effective
way or in a manner which ensures that the most representative or
unique areas of the ocean and coastal environment are included.
(6) The report further states that California's MMAs do not
comprise an organized system, as the individual sites are not
designated, classified, or managed in a systematic manner. Many of
these areas lack clearly defined purposes, effective management
measures, and enforcement.
(7) To some, this array of MMAs creates the illusion of a
comprehensive system of management, while in reality, it falls short
of its potential to protect, conserve, and manage natural, cultural,
and recreational resources along the California coast. Without a
properly designed and coordinated system of MMAs, it is difficult for
agencies to meet management objectives, such as maintaining
biodiversity, providing education and outreach, and protecting marine
resources.
(8) Agency personnel and the public are often confused about the
laws, rules, and regulations that apply to MMAs, especially those
adjacent to a terrestrial area set aside for management purposes.
Lack of clarity about the manner in which the set of laws, rules, and
regulations for the array of MMAs interface and complement each
other limits public and resource managers' ability to understand and
apply the regulatory structure.
(9) Designation of sites and subsequent adoption of regulations
often occur without adequate consideration being given to overall
classification goals and objectives. This has contributed to
fragmented management, poor compliance with regulations, and a lack
of effective enforcement.
(10) Education and outreach related to state MMAs is limited and
responsibility for these activities is distributed across many state
agencies. These factors hamper the distribution of information to
the public regarding the benefits of MMAs and the role they can play
in protecting ocean and coastal resources.
(11) There are few coordinated efforts to identify opportunities
for public/private partnerships or public stewardship of MMAs or to
provide access to general information and data about ocean and
coastal resources within California's MMAs.
(12) Ocean and coastal scientists and managers generally know far
less about the natural systems they work with than their terrestrial
counterparts. Understanding natural and human-induced factors that
affect ocean ecosystem health, including MMAs, is fundamental to the
process of developing sound management policies.
(13) Research in California's MMAs can provide managers with a
wealth of knowledge regarding habitat functions and values, species
diversity, and complex physical, biological, chemical, and
socioeconomic processes that affect the health of marine ecosystems.
That information can be useful in determining the effectiveness of
particular sites or classifications in achieving stated goals.
(b) With the single exception of state estuaries, it is the intent
of the Legislature that the classifications currently available for
use in the marine and estuarine environments of the state shall cease
to be used and that a new classification system shall be
established, with a mission, statement of objectives, clearly defined
designation guidelines, specific classification goals, and a more
scientifically-based process for designating sites and determining
their effectiveness. The existing classifications may continue to be
used for the terrestrial and freshwater environments of the state.
(c) Due to the interrelationship between land and sea, benefits
can be gained from siting a portion of the state's marine managed
areas adjacent to, or in close proximity to, terrestrial protected
areas. To maximize the benefits that can be gained from having
connected protected areas, whenever an MMA is adjacent to a
terrestrial protected area, the managing agencies shall coordinate
their activities to the greatest extent possible to achieve the
objectives of both areas.



36602. The following definitions govern the construction of this
chapter:
(a) "Committee" is the State Interagency Coordinating Committee
established pursuant to Section 36800.
(b) "Designating entity" is the Fish and Game Commission, State
Park and Recreation Commission, or State Water Resources Control
Board, each of which has the authority to designate specified state
marine managed areas.
(c) "Managing agency" is the Department of Fish and Game or the
Department of Parks and Recreation, each of which has the authority
to manage specified state marine managed areas.
(d) "Marine managed area" (MMA) is a named, discrete geographic
marine or estuarine area along the California coast designated by law
or administrative action, and intended to protect, conserve, or
otherwise manage a variety of resources and their uses. The
resources and uses may include, but are not limited to, living marine
resources and their habitats, scenic views, water quality,
recreational values, and cultural or geological resources. General
areas that are administratively established for recreational or
commercial fishing restrictions, such as seasonal or geographic
closures or size limits, are not included in this definition. MMAs
include the following classifications:
(1) State marine reserve, as defined in subdivision (a) of Section
36700.
(2) State marine park, as defined in subdivision (b) of Section
36700.
(3) State marine conservation area, as defined in subdivision (c)
of Section 36700.
(4) State marine cultural preservation area, as defined in
subdivision (d) of Section 36700.
(5) State marine recreational management area, as defined in
subdivision (e) of Section 36700.
(6) State water quality protection areas, as defined in
subdivision (f) of Section 36700.
(e) "Marine protected area" (MPA), consistent with the Marine Life
Protection Act (Chapter 10.5 (commencing with Section 2850) of
Division 3 of the Fish and Game Code) is a named, discrete geographic
marine or estuarine area seaward of the mean high tide line or the
mouth of a coastal river, including any area of intertidal or
subtidal terrain, together with its overlying water and associated
flora and fauna that has been designated by law or administrative
action to protect or conserve marine life and habitat. MPAs are
primarily intended to protect or conserve marine life and habitat,
and are therefore a subset of marine managed areas (MMAs). MPAs
include the following classifications:
(1) State marine reserve, as defined in subdivision (a) of Section
36700.
(2) State marine park, as defined in subdivision (b) of Section
36700.
(3) State marine conservation area, as defined in subdivision (c)
of Section 36700.


36620. The mission of the state MMA system is to ensure the
long-term ecological viability and biological productivity of marine
and estuarine ecosystems and to preserve cultural resources in the
coastal sea, in recognition of their intrinsic value and for the
benefit of current and future generations. In support of this
mission, the Legislature finds and declares that there is a need to
reexamine and redesign California's array of MMAs, to establish and
manage a system using science and clear public policy directives to
achieve all of the following objectives:
(a) Conserve representative or outstanding examples of marine and
estuarine habitats, biodiversity, ecosystems, and significant natural
and cultural features or sites.
(b) Support and promote marine and estuarine research, education,
and science-based management.
(c) Help ensure sustainable uses of marine and estuarine
resources.
(d) Provide and enhance opportunities for public enjoyment of
natural and cultural marine and estuarine resources.

36700. Six classifications for designating managed areas in the
marine and estuarine environments are hereby established as described
in this section, to become effective January 1, 2002. Where the
term "marine" is used, it refers to both marine and estuarine areas.
A geographic area may be designated under more than one
classification.
(a) A "state marine reserve" is a nonterrestrial marine or
estuarine area that is designated so the managing agency may achieve
one or more of the following:
(1) Protect or restore rare, threatened, or endangered native
plants, animals, or habitats in marine areas.
(2) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
(3) Protect or restore diverse marine gene pools.
(4) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding, representative, or imperiled marine habitats
or ecosystems.
(b) A "state marine park" is a nonterrestrial marine or estuarine
area that is designated so the managing agency may provide
opportunities for spiritual, scientific, educational, and
recreational opportunities, as well as one or more of the following:

(1) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
(2) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding representative or imperiled marine habitats
or ecosystems.
(3) Preserve cultural objects of historical, archaeological, and
scientific interest in marine areas.
(4) Preserve outstanding or unique geological features.
(c) A "state marine conservation area" is a nonterrestrial marine
or estuarine area that is designated so the managing agency may
achieve one or more of the following:
(1) Protect or restore rare, threatened, or endangered native
plants, animals, or habitats in marine areas.
(2) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
(3) Protect or restore diverse marine gene pools.
(4) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding, representative, or imperiled marine habitats
or ecosystems.
(5) Preserve outstanding or unique geological features.
(6) Provide for sustainable living marine resource harvest.
(d) A "state marine cultural preservation area" is a
nonterrestrial marine or estuarine area designated so the managing
agency may preserve cultural objects or sites of historical,
archaeological, or scientific interest in marine areas.
(e) A "state marine recreational management area" is a
nonterrestrial marine or estuarine area designated so the managing
agency may provide, limit, or restrict recreational opportunities to
meet other than exclusively local needs while preserving basic
resource values for present and future generations.
(f) A "state water quality protection area" is a nonterrestrial
marine or estuarine area designated to protect marine species or
biological communities from an undesirable alteration in natural
water quality, including, but not limited to, areas of special
biological significance that have been designated by the State Water
Resources Control Board through its water quality control planning
process. "Areas of special biological significance" are a subset of
state water quality protection areas, and require special protection
as determined by the State Water Resources Control Board pursuant to
the California Ocean Plan adopted and reviewed pursuant to Article 4
(commencing with Section 13160) of Chapter 3 of Division 7 of the
Water Code and pursuant to the Water Quality Control Plan for Control
of Temperature in the Coastal and Interstate Waters and Enclosed
Bays and Estuaries of California (California Thermal Plan) adopted by
the state board.



36710. (a) In a state marine reserve, it is unlawful to injure,
damage, take, or possess any living geological, or cultural marine
resource, except under a permit or specific authorization from the
managing agency for research, restoration, or monitoring purposes.
While, to the extent feasible, the area shall be open to the public
for managed enjoyment and study, the area shall be maintained to the
extent practicable in an undisturbed and unpolluted state. Access
and use for activities including, but not limited to, walking,
swimming, boating, and diving may be restricted to protect marine
resources. Research, restoration, and monitoring may be permitted by
the managing agency. Educational activities and other forms of
nonconsumptive human use may be permitted by the designating entity
or managing agency in a manner consistent with the protection of all
marine resources.
(b) In a state marine park, it is unlawful to injure, damage,
take, or possess any living or nonliving marine resource for
commercial exploitation purposes. Any human use that would
compromise protection of the species of interest, natural community
or habitat, or geological, cultural, or recreational features may be
restricted by the designating entity or managing agency. All other
uses are allowed, including scientific collection with a permit,
research, monitoring, and public recreation, including recreational
harvest, unless otherwise restricted. Public use, enjoyment, and
education are encouraged, in a manner consistent with protecting
resource values.
(c) In a state marine conservation area, it is unlawful to injure,
damage, take, or possess any living, geological, or cultural marine
resource for commercial or recreational purposes, or a combination of
commercial and recreational purposes, that the designating entity or
managing agency determines would compromise protection of the
species of interest, natural community, habitat, or geological
features. The designating entity or managing agency may permit
research, education, and recreational activities, and certain
commercial and recreational harvest of marine resources.
(d) In a state marine cultural preservation area, it is unlawful
to damage, take, or possess any cultural marine resource. Complete
integrity of the cultural resources shall be sought, and no structure
or improvements that conflict with that integrity shall be
permitted. No other use is restricted.
(e) In a state marine recreational management area, it is unlawful
to perform any activity that, as determined by the designating
entity or managing agency, would compromise the recreational values
for which the area may be designated. Recreational opportunities may
be protected, enhanced, or restricted, while preserving basic
resource values of the area. No other use is restricted.
(f) In a state water quality protection area, waste discharges
shall be prohibited or limited by the imposition of special
conditions in accordance with the Porter-Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code) and implementing regulations, including, but not limited to,
the California Ocean Plan adopted and reviewed pursuant to Article 4
(commencing with Section 13160) of Chapter 3 of Division 7 of the
Water Code and the Water Quality Control Plan for Control of
Temperature in the Coastal and Interstate Waters and Enclosed Bays
and Estuaries of California (California Thermal Plan) adopted by the
state board. No other use is restricted.



36711. The classifications contained in Section 36710 may not be
inconsistent with United States military activities deemed mission
critical by the United States military.



36725. (a) The Fish and Game Commission may designate, delete, or
modify state marine recreational management areas established by the
commission for hunting purposes, state marine reserves, and state
marine conservation areas. The Fish and Game Commission shall
consult with, and secure concurrence from, the State Parks and
Recreation Commission prior to modifying or deleting state marine
reserves and state marine conservation areas designated by the State
Parks and Recreation Commission. The Fish and Game Commission shall
not delete or modify state marine recreational management areas
designated by the State Parks and Recreation Commission.
(b) The State Parks and Recreation Commission may designate,
delete, or modify state marine reserves, state marine parks, state
marine conservation areas, state marine cultural preservation areas,
and state marine recreational management areas. The State Parks and
Recreation Commission may not designate, delete, or modify a state
marine reserve, state marine park, or state marine conservation area
without the concurrence of the Fish and Game Commission on any
proposed restrictions upon, or change in, the use of living marine
resources.
(c) If an unresolved conflict exists between the Fish and Game
Commission and the State Parks and Recreation Commission regarding a
state marine reserve, state marine park, or state marine conservation
area, the Secretary of the Resources Agency may reconcile the
conflict.
(d) The State Water Resources Control Board may designate, delete,
or modify state water quality protection areas.
(e) The Fish and Game Commission, State Parks and Recreation
Commission, and State Water Resources Control Board each may restrict
or prohibit recreational uses and other human activities in the MMAs
for the benefit of the resources therein, except in the case of
restrictions on the use of living marine resources. Pursuant to this
section, and consistent with Section 2860 of the Fish and Game Code,
the Fish and Game Commission may regulate commercial and
recreational fishing and any other taking of marine species in MMAs.

(f) (1) The Department of Fish and Game may manage state marine
reserves, state marine conservation areas, state marine recreational
management areas established for hunting purposes and, if requested
by the State Water Resources Control Board, state water quality
protection areas.
(2) The Department of Parks and Recreation may manage state marine
reserves, state marine parks, state marine conservation areas, state
marine cultural preservation areas, and state marine recreational
management areas. Department authority over units within the state
park system shall extend to units of the state MMAs system that are
managed by the department.
(3) The State Water Resources Control Board and the California
regional water quality control boards may take appropriate actions to
protect state water quality protection areas. The State Water
Resources Control Board may request the Department of Fish and Game
or the Department of Parks and Recreation to take appropriate
management action.



36750. Any MMA in existence on January 1, 2002, that has not been
reclassified in accordance with the Marine Life Protection Act
(Chapter 10.5 (commencing with Section 2850) of Division 3 of the
Fish and Game Code), shall be reclassified under the classification
system described in Section 36700 by January 1, 2003, based upon the
management purpose and level of resource protection at each site on
January 1, 2002. Upon the reclassification of existing sites, but no
later than January 1, 2003, the use of all other classifications
shall cease for the marine and estuarine environments of the state,
though the classifications may continue to be used for the
terrestrial and freshwater environments where applicable. The
reclassification process shall be the responsibility of the State
Interagency Coordinating Committee established pursuant to Section
36800, and shall occur to the extent feasible in conjunction and
consistent with the MMA master planning process created pursuant to
the Marine Life Protection Act (Chapter 10.5 (commencing with Section
2850) of Division 3 of the Fish and Game Code).



36800. The Secretary of the Resources Agency shall establish and
chair the State Interagency Coordinating Committee, whose members are
representatives from those state agencies, departments, boards,
commissions, and conservancies with jurisdiction or management
interests over marine managed areas, including, but not limited to,
the Department of Fish and Game, Department of Parks and Recreation,
California Coastal Commission, State Water Resources Control Board,
and State Lands Commission. The Secretary of the Resources Agency
shall designate additional members of the committee. The committee
shall review proposals for new or amended MMAs to ensure that the
minimum required information is included in the proposal, to
determine those state agencies that should review the proposal, and
to ensure consistency with other such designations in the state. The
committee shall also serve to ensure the proper and timely routing
of site proposals, review any proposed site-specific regulations for
consistency with the state system as a whole, and conduct periodic
reviews of the statewide system to evaluate whether it is meeting the
mission and statement of objectives.



36850. Designation guidelines based on the classification goals
adopted for the state system of MMAs shall be developed jointly by
the appropriate managing agencies in cooperation with the committee
on or before January 1, 2002. These guidelines shall be used to
provide a general sense of requirements for designating a site in any
particular classification, and may include characteristics such as
uniqueness of the area or resource, biological productivity, special
habitats, cultural or recreational values, and human impacts to the
area. These designation guidelines shall be provided on a standard
set of instructions for each classification.



36870. On or before January 1, 2002, the committee shall establish
a standard set of instructions for each classification to guide
organizations and individuals in submitting proposals for designating
specific sites or networks of sites. On or before January 1, 2003,
the relevant site proposal guidelines shall be adopted by each
designating entity.
(a) At a minimum, each proposal shall include the following
elements for consideration for designation as an MMA:
(1) Name of individual or organization proposing the designation.

(2) Contact information for the individual or organization,
including contact person.
(3) Proposed classification.
(4) Proposed site name.
(5) Site location.
(6) Need, purpose, and goals for the site.
(7) Justification for the manner in which the proposed site meets
the designation criteria for the proposed classification.
(8) A general description of the proposed site's pertinent
biological, geological, and cultural resources.
(9) A general description of the proposed site's existing
recreational uses, including fishing, diving, boating, and waterfowl
hunting.
(b) The following elements, if not included in the original
proposal, shall be added by the proposed managing agency in
cooperation with the individual or organization making the proposal,
prior to a final decision regarding designation:
(1) A legal description of the site boundaries and a boundary map.

(2) A more detailed description of the proposed site's pertinent
biological, geological, cultural, and recreational resources.
(3) Estimated funding needs and proposed source of funds.
(4) A plan for meeting enforcement needs, including on-site
staffing and equipment.
(5) A plan for evaluating the effectiveness of the site in
achieving stated goals.
(6) Intended educational and research programs.
(7) Estimated economic impacts of the site, both positive and
negative.
(8) Proposed mechanisms for coordinating existing regulatory and
management authority, if any exists, within the area.
(9) An evaluation of the opportunities for cooperative state,
federal, and local management, where the opportunities may exist.



36900. Individuals or organizations may submit a proposal to
designate an MMA directly through the committee or an appropriate
designating entity. Proposals submitted to a designating entity
shall be forwarded to the committee to initiate the review process.
Proposals for designating, deleting, or modifying MMAs may be
submitted to the committee or a designating entity at any time. The
committee and scientific review panel established pursuant to
subdivision (b) shall annually consider and promptly act upon
proposals until an MPA master plan is adopted pursuant to subdivision
(b) of Section 2859 of the Fish and Game Code, and thereafter, no
less than once every three years. Upon adoption of a statewide MPA
plan, subsequent site proposals determined by the committee to be
consistent with that plan shall be eligible for a simplified and
cursory review of not more than 45 days.
(a) The committee shall review proposals to ensure that the
minimum required information is included in the proposal, to
determine those state agencies that should review the proposal, and
to ensure consistency with other designations of that type in the
state. After initial review by the coordinating committee and
appropriate agencies, the proposal shall be forwarded to a scientific
review panel established pursuant to subdivision (b).
(b) The Secretary of the Resources Agency shall establish a
scientific review panel, with statewide representation and direction
from the committee, to evaluate proposals for technical and
scientific validity, including consideration of such things as site
design criteria, location, and size. This panel, to the extent
practical, shall be the same as the master plan team used in the
process set forth in the Marine Life Protection Act (Chapter 10.5
(commencing with Section 2850) of Division 3 of the Fish and Game
Code). Members shall maintain familiarity with the types and
effectiveness of MMAs used in other parts of the world for potential
application to California. Members shall be reimbursed reasonable
costs to participate in the activities of the panel. Where feasible,
advice shall be sought from the appropriate federal agencies and
existing regional or statewide marine research panels and advisory
groups. After review by the scientific review panel, the committee
shall forward the proposal and any recommendations to the appropriate
designating entity for a public review process.
(c) Designating entities shall establish a process that provides
for public review and comment in writing and through workshops or
hearings, consistent with the legal mandates applicable to
designating entities. All input provided by the committee and
scientific review panel shall be made available to the public during
this process. Outreach shall be made to the broadest ocean and
coastal constituency possible, and shall include commercial and sport
fishing groups, conservation organizations, waterfowl groups and
other recreational interests, academia, the general public, and all
levels of government.
(d) This process does not replace the need to obtain the
appropriate permits or reviews of other government agencies with
jurisdiction or permitting authority.
(e) Nothing in this section shall be construed as altering or
impeding the process identified under the Marine Life Protection Act
(Chapter 10.5 (commencing with Section 2850) of Division 3 of the
Fish and Game Code) or the actions of the master plan team described
in that act.

36970. This chapter shall be known, and may be cited, as the
California Ocean Resources Stewardship Act of 2000 (CORSA).



36971. The Legislature finds and declares all of the following:
(a) The Pacific Ocean and its rich and varied resources provide
great environmental, economic, aesthetic, recreational, educational,
and scientific benefits to the people of California and the nation.
The state's ocean resources contribute greatly to the economy and the
quality of life of its residents, and California's growing
population increasingly lives, works, and recreates on or near the
coast. Ocean and coast-dependent industries contributed over $17
billion to the state's economy and supported over 500,000 jobs in
1999, and ocean and coastal tourism and recreational activities,
which are increasing rapidly in popularity and economic value,
contributed nearly $10 billion to the state's economy. Port activity
and ship building also contributed an additional $6 billion, and
recreational and commercial fishing and marine aquaculture added
nearly $1 billion to the state's economy. In addition, activities of
the United States Department of the Navy that depend on continued
access to California's coastal resources add a direct annual economic
contribution of more than $19 billion.
(b) Much of the quality of life and economic vibrancy supported by
the state's ocean resources depends on successful management of
those resources, and successful management depends on an adequate
understanding of the natural, ecological, oceanographic, and coastal
processes and their interactions with varied human activities.
(c) The state is working to maintain and increase the benefits of
its ocean resources to the public; a goal that increases the need for
sound management and greater practical understanding of the state's
ocean and coastal resources.
(d) Although California is making progress in ocean management
efforts, unsolved existing challenges also point to the need for
greater improvements in management and the basic information needed
for sound management. Examples of existing challenges include
depressed populations of many species that are the targets of state
and federally managed fisheries, pollution that results in beach and
fishery closures, dredging and dredge spoils disposal necessary to
keep the state's ports competitive, and coastal erosion that
threatens structures and reduces the quality of beaches.
(e) State and federal agencies with ocean and coastal resource
management responsibility often lack basic information on which to
base decisions, and many management issues are broader than the
mandates of individual agencies, and existing means for coordinating
agency efforts need to be improved. The result can be ad hoc,
short-term management decisions based on inadequate information.
(f) California has a wealth of outstanding public and private
marine science institutions that have increased their commitments to
excellence in applied ocean resource science. Approximately one
hundred million dollars ($100,000,000) in current, recent, or planned
marine science projects funded by the federal government,
foundations, the University of California and California State
University systems, and private institutions could be of great
benefit to the state's coastal and ocean resource management
agencies.
(g) The obstacles to collaborative efforts involving those
institutions and agencies include all of the following:
(1) Inadequate coordination among marine science institutions.
(2) Inadequate guidance from management agencies about information
needs for management.
(3) Important gaps in information, duplication of effort, missed
opportunities, and unusable information due to the lack of
standardized and coordinated information management techniques. The
circumstances and needs identified in the findings in this section
are among those recognized in this chapter and in the 1997 report
prepared by the Resources Agency entitled "California's Ocean
Resources: An Agenda for the Future." This chapter is intended to
address some of the basic objectives of that report.



36972. The Legislature further finds that it is the policy of the
state to do all of the following:
(a) Ensure adequate coordination of ocean resources management
science among state, regional, and federal agencies and marine
science institutions.
(b) Ensure the most efficient and effective use of state resources
devoted to ocean resource management science and encourage the
contribution of federal and nongovernmental resources.
(c) Advance applied ocean science, graduate-level education, and
technology development to meet current and future California ocean
resource management needs.



36973. (a) No authority is established by this chapter, 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. (continued)