Loading (50 kb)...'
(continued)
(2) Pelagic Finfish. Pelagic finfish, for the purpose of this section, are defined as: northern anchovy (Engraulis mordax), barracudas (Sphyraena spp.), billfishes* (family Istiophoridae), dolphinfish (Coryphaena hippurus), Pacific herring (Clupea pallasi), jack mackerel (Trachurus symmetricus), Pacific mackerel (Scomber japonicus), salmon (Oncorhynchus spp.), Pacific sardine (Sardinops sagax), blue shark (Prionace glauca), salmon shark (Lamna ditropis), shortfin mako shark (Isurus oxyrinchus), thresher sharks (Alopias spp.), swordfish (Xiphias gladius), tunas (family Scombridae), and yellowtail (Seriola lalandi). *Marlin is not allowed for commercial take.
(3) Access. Access into marine protected areas for non-consumptive uses including but not limited to swimming, surfing, diving, boating, hiking and walking is allowed unless otherwise specified in subsection 632(b), areas and special regulations for use.
(4) Ejection. Employees of the department may eject any person from a marine protected area for violation of any of these rules or regulations or for any reason when it appears that the general safety or welfare of the marine protected area, its associated flora and fauna, or persons thereon is endangered.
(5) Introduction of Species. Unless authorized by the commission, the release of any fish or wildlife species, including domestic or domesticated species, or the introduction of any plant species, is prohibited. The department may reintroduce endemic species to marine protected areas for management purposes.
(6) Feeding of Wildlife. The feeding of wildlife is prohibited.
(7) Anchoring. Vessels shall be allowed to anchor in any marine protected area with catch onboard unless otherwise specified in subsection 632(b), areas and special regulations for use. Fishing gear shall be stowed and not in use while anchored in a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall be stowed and not in use while anchored in a state marine park or state marine conservation area. Anchoring regulations shall be consistent with federal law and allowances made for anchoring required by emergency or severe weather.
(8) Transit. Vessels shall be allowed to transit through marine protected areas with catch onboard. Fishing gear shall be stowed and not in use while transiting through a state marine reserve. Fishing gear, except legal fishing gear used to take species identified as allowed for take in subsection 632(b), shall be stowed and not in use while transiting through a state marine park or state marine conservation area.
(b) Areas and Special Regulations for Use. All geographic coordinates listed use the North American Datum 1983 (NAD83) reference datum:
(1) Punta Gorda State Marine Reserve. This area is bounded by the three-fathom inshore depth contour, the 30-fathom depth contour and the following points:
40 <> 16.43' N. lat. 124 <> 22.00' W. long.;
40 <> 16.43' N. lat. 124 <> 23.50' W. long.;
40 <> 14.83' N. lat. 124 <> 23.18' W. long.; and
40 <> 15.23' N. lat. 124 <> 21.62' W. long.
(A) Swimming. No person shall swim, wade, dive, or use any diving equipment within the Punta Gorda State Marine Reserve except as authorized pursuant to scientific research approved by the department.
(B) Boating. Except as allowed pursuant to Federal law, no person shall launch or operate a boat or other floating device within the Punta Gorda State Marine Reserve except to pass through the area during the normal course of vessel transit along the coast, to avoid inclement weather, or pursuant to scientific research approved by the department.
(C) Firearms. No person shall possess, fire, or discharge any firearm, bow and arrow, air or gas gun, spear gun, or any other weapon of any kind within, or into the Punta Gorda State Marine Reserve except as authorized pursuant to scientific research approved by the department.
(D) Public Entry. Public entry into the Punta Gorda State Marine Reserve may be restricted at the discretion of the department to protect wildlife, aquatic life, or habitat. No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, or institution or agency entering into a memorandum of understanding (MOU) with the department, may enter an area which is closed to public entry.
(E) Pesticides, Herbicides, and Other Regulated Chemicals. The use of pesticides, herbicides, and other regulated chemicals is prohibited in the Punta Gorda State Marine Reserve except as authorized pursuant to scientific research approved by the department. Where such chemicals are intended to be used as a part of any research program, any necessary authorization and/or permits required to dispense such chemicals into state waters or tide and submerged lands shall be obtained prior to final approval of the research by the department.
(F) Litter. No person shall deposit, drop, or scatter any debris on the Punta Gorda State Marine Reserve. Any refuse resulting from a person's use of an area must be removed from that area by such person.
(G) Aircraft. No person shall operate any aircraft or hovercraft within the Punta Gorda State Marine Reserve, except as authorized pursuant to scientific research approved by the department.
(H) Pets. Pets, including but not limited to, dogs and cats, are prohibited from entering the Punta Gorda State Marine Reserve unless authorized by the department.
(I) Memorandum of Understanding (MOU). The department may enter into MOU's with colleges, universities, and other bonafide research organizations to conduct marine-related research within the Punta Gorda State Marine Reserve.
(J) Scientific research conducted within the Punta Gorda State Marine Reserve shall not interfere with access by land to coastal trails along the shoreline adjacent to the reserve.
(2) MacKerricher State Marine Conservation Area. This area is bounded by the mean high tide line, the 3-fathom depth contour and the following points:
39 <> 29.81' N. lat. 123 <> 47.50' W. long.;
39 <> 29.95' N. lat. 123 <> 47.80' W. long.;
39 <> 27.62' N. lat. 123 <> 48.80' W. long.; and
39 <> 27.55' N. lat. 123 <> 48.52' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels.
2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, squid, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached.
(3) Point Cabrillo State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1000 feet offshore, and the following points:
39 <> 21.24' N. lat. 123 <> 49.25' W. long.;
39 <> 21.33' N. lat. 123 <> 49.64' W. long.;
39 <> 20.66' N. lat. 123 <> 49.68' W. long.; and
39 <> 20.57' N. lat. 123 <> 49.27' W. long.
(A) Take of all living marine resources is prohibited except the commercial take of finfish and marine aquatic plants.
(4) Russian Gulch State Marine Conservation Area. This area is bounded by the mean high tide line, the 3-fathom depth contour and the following points:
39 <> 19.86' N. lat. 123 <> 48.84' W. long.;
39 <> 19.85' N. lat. 123 <> 48.89' W. long.;
39 <> 19.52' N. lat. 123 <> 48.46' W. long.; and
39 <> 19.52' N. lat. 123 <> 48.23' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels.
2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached.
(5) Van Damme State Marine Conservation Area. This area is bounded by the mean high tide line, the 3-fathom depth contour and the following points:
39 <> 16.45' N. lat. 123 <> 47.60' W. long.;
39 <> 16.355' N. lat. 123 <> 47.60' W. long.;
39 <> 16.27' N. lat. 123 <>47.545' W. long.; and
39 <> 16.27' N. lat. 123 <> 47.43' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels.
2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached.
(6) Manchester and Arena Rock State Marine Conservation Area. This area is bounded by the mean high tide line and the following points:
39 <> 00.30' N. lat. 123 <> 41.90' W. long.;
39 <> 00.30' N. lat. 123 <> 44.40' W. long.;
38 <> 58.30' N. lat. 123 <> 45.60' W. long.; and
38 <> 57.50' N. lat. 123 <> 43.70' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels.
2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached.
(7) Del Mar Landing State Marine Park. This area is bounded by the mean high tide line and the following points:
38 <> 44.44' N. lat. 123 <> 30.81' W. long.;
38 <> 44.32' N. lat. 123 <> 30.95' W. long.;
38 <> 44.25' N. lat. 123 <> 30.64' W. long.;
38 <> 44.28' N. lat. 123 <> 30.49' W. long.; and
38 <> 44.40' N. lat. 123 <> 30.37' W. long.
(A) Take of all living marine resources is prohibited except the recreational take of finfish by hook and line or spear.
(8) Salt Point State Marine Conservation Area. This area is bounded by the mean high tide line and the following points:
38 <> 35.18' N. lat. 123 <> 20.49' W. long.;
38 <> 34.40' N. lat. 123 <> 21.35' W. long.;
38 <> 33.05' N. lat. 123 <> 19.58' W. long.; and
38 <> 33.55' N. lat. 123 <> 18.99' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels.
2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, algae except giant kelp and bull kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached.
(9) Gerstle Cove State Marine Conservation Area. This area lies within the Salt Point State Marine Conservation Area and is bounded by the mean high tide line and a straight line connecting the following points:
38 <> 33.93' N. lat. 123 <> 19.85' W. long.; and
38 <> 33.93' N. lat. 123 <> 19.65' W. long.
(A) Take of all living marine resources is prohibited except the commercial take of finfish and algae except giant kelp and bull kelp.
(10) Fort Ross State Marine Conservation Area. This area is bounded by the mean high tide line, the 3-fathom depth contour, and the following points:
38 <> 30.71' N. lat. 123 <> 15.14' W. long.;
38 <> 30.57' N. lat. 123 <> 15.29' W. long.;
38 <> 30.35' N. lat. 123 <> 14.50' W. long.; and
38 <> 30.61' N. lat. 123 <> 14.16' W. long.
(A) No recreational take of living or non-living marine resources is allowed except: finfish, red abalone, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. Commercial take of species other than giant kelp and bull kelp is allowed.
(11) Sonoma Coast State Marine Conservation Area. This area is bounded by the mean high tide line, the 3-fathom depth contour, and the following points:
38 <> 22.55' N. lat. 123 <> 04.64' W. long.;
38 <> 22.54' N. lat. 123 <> 04.78' W. long.;
38 <> 19.50' N. lat. 123 <> 04.80' W. long.; and
38 <> 19.40' N. lat. 123 <> 04.70' W. long.
(A) No recreational take of living or non-living marine resources is allowed except: finfish, red abalone, chiones, clams, cockles, crabs, ghost shrimp, mussels, native oysters, rock scallops, sea urchins and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels. Commercial take of species other than giant kelp and bull kelp is allowed.
(12) Bodega State Marine Reserve. This area is bounded by the mean high tide line, a distance of 1000 feet offshore, and the following points:
38 <> 19.38' N. lat. 123 <> 04.47' W. long.;
38 <> 19.57' N. lat. 123 <> 04.71' W. long.;
38 <> 18.56' N. lat. 123 <> 04.33' W. long.; and
38 <> 18.71' N. lat. 123 <> 04.15' W. long.
(A) In the Bodega State Marine Reserve licensees of the Regents of the University of California and all officers, employees, and students of such university may take, for scientific purposes, any invertebrate or specimen of marine plant life without a permit from the department.
(B) The director of the Bodega State Marine Reserve may authorize any person to enter the Reserve for the purpose of taking fish, invertebrates, or marine plants for scientific study and to take or possess fish, invertebrates, or marine plants for scientific study.
(C) Except as permitted by federal law or emergency caused by hazardous weather, it is unlawful to anchor or moor a vessel in the Bodega State Marine Reserve without authorization from the reserve director for the purpose of scientific study.
(13) Tomales Bay State Marine Park. This area is bounded by the mean high tide line of Tomales Bay within Tomales Bay Ecological Reserve southeastward of a line drawn between the following two points:
38 <> 05.73' N. lat. 122 <> 49.84' W. long.; and
38 <> 05.45' N. lat. 122 <> 50.57' W. long.
(A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants.
(B) Only lightweight, hand-carried boats may be launched or operated within the park.
(C) Waterfowl may be taken in accordance with the general waterfowl regulations.
(14) Point Reyes Headlands State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1000 feet offshore and the following points:
37 <> 59.73' N. lat. 123 <> 01.46' W. long.;
37 <> 59.73' N. lat. 123 <> 01.68' W. long.;
37 <> 59.40' N. lat. 122 <> 57.60' W. long.; and
37 <> 59.40' N. lat. 122 <> 57.81' W. long.
(A) Take of all living marine resources is prohibited except the commercial take of finfish and algae other than giant kelp and bull kelp.
(15) Estero de Limantour State Marine Conservation Area. This area consists of waters below the mean high tide line within Estero de Limantour eastward of a line drawn between the following two points:
38 <> 01.97' N. lat. 122 <> 55.97' W. long.; and
38 <> 02.33' N. lat. 122 <> 55.97' W. long.
(A) Take of all living marine resources is prohibited except the commercial take of finfish and algae other than giant kelp and bull kelp.
(16) Duxbury Reef State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1000 feet offshore and the following points:
37 <> 55.52' N. lat. 122 <> 44.17' W. long.;
37 <> 55.42' N. lat. 122 <> 44.31' W. long.;
37 <> 53.65' N. lat. 122 <> 41.91' W. long.; and
37 <> 53.77' N. lat. 122 <> 42.02' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: Red abalone, dungeness crabs, rock crabs, rockfish (family Scorpaenidae), lingcod, cabezon, surfperch (family Embiotocidae), halibut, flounder, sole, turbot, salmon, kelp greenling, striped bass, steelhead, monkeyface-eel, wolf-eel, smelt, and silversides.
2. Commercial take of species other than giant kelp and bull kelp is allowed.
(17) Farallon Islands State Marine Conservation Area. This area is bounded by the mean high tide line and a distance of 1 nautical mile offshore Southeast Farallon and North Farallon Islands.
(A) Take other than the recreational take of marine aquatic plants is permitted except within the areas described in this section during the stated timeframes.
(B) Except as specifically prohibited under this section, boating, sport and commercial fishing, swimming, and skin and SCUBA diving are permitted within the ecological reserve, which extends one nautical mile from the coastline of Southeast Farallon and North Farallon Islands.
(C) All vessels shall observe a five (5) nautical mile per hour speed limit within 1,000 feet of any shoreline in the reserve.
(D) All commercial abalone and sea urchin diving vessels operating in the reserve shall terminate their vessel engine exhaust system either through a muffler for dry exhaust systems, or below the vessel waterline for wet exhaust systems.
(E) All commercial abalone and sea urchin diving vessels equipped with an open, deck-mounted air compressor system, while operating in the reserve, shall have the air compressor's engine exhaust system terminate below the vessel waterline.
(F) From March 15 through August 15 of each year no vessel shall be operated or anchored less than 300 feet from the shoreline of any of the four islets comprising the North Farallons, including North Farallon, the Island of St. James and the two unnamed islets located between them, in the vicinity of 37 << degrees>> 46' N. lat. 123 <> 06' W. long., except in the area beginning at a line extending due west magnetic from the northernmost point of land on North Farallon and continuing clockwise to a line drawn due west magnetic from the southernmost point of land on North Farallon and in the area beginning at a line drawn due west magnetic from the northernmost point of land on the northernmost of the two unnamed islets extending clockwise to a line drawn due south magnetic from the southernmost point of land on that islet.
(G) From March 15 through August 15 of each year no vessel shall be operated or anchored less than 300 feet from the shoreline in the area beginning at the south end of Jordan Channel, westward around Indian Head, then generally northward past Great Arch Rock, then generally following the shoreline to a line extending due west from the northernmost point of land on Sugarloaf Island or in the area from the east end of Mussel Flat, generally southward to the northeasternmost point of land on Saddle Rock (Seal Rock) then generally southwest along the northerly shoreline of Saddle Rock to the southwesternmost point of land on Saddle Rock and continuing generally northward to the west end of Mussel Flat, both areas at Southeast Farallon Island.
(H) Nothing in this section shall prohibit emergency anchorage or vessel operation necessary to protect property or human life.
(18) Fagan Marsh State Marine Park. This area consists of waters below the mean high tide line within the Fagan Marsh Ecological Reserve.
(A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants.
(B) Only lightweight, hand-carried boats may be launched or operated within the park.
(19) Peytonia Slough State Marine Park. This area consists of waters below the mean high tide line within the Peytonia Slough Ecological Reserve.
(A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants.
(B) Only lightweight, hand-carried boats may be launched or operated within the park.
(20) Corte Madera Marsh State Marine Park. This area consists of waters below the mean high tide line within the Corte Madera Marsh Ecological Reserve.
(A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants from shore only.
(B) Only lightweight, hand-carried boats may be launched or operated within the park.
(C) Swimming, wading, and diving are prohibited within the park.
(21) Marin Islands State Marine Park. This area consists of waters below the mean high tide line within the Marin Islands Ecological Reserve.
(A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants from shore only.
(B) Boating, swimming, wading, and diving are prohibited within the park.
(22) Albany Mudflats State Marine Park. This area consists of waters below the mean high tide line within the Albany Mudflats Ecological Reserve.
(A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants from shore only.
(B) Boating, swimming, wading, and diving are prohibited within the park.
(23) Robert W. Crown State Marine Conservation Area. This area is bounded by the mean high tide line and a distance of 150 feet offshore between the following points:
37 <> 45.97' N. lat. 122 <> 16.84' W. long.; and
37 <> 45.95' N. lat. 122 <> 16.52' W. long.
(A) Take of all living marine resources is prohibited except:
1. Finfish may be taken recreationally by hook and line only.
2. Finfish and kelp may be taken commercially.
(24) Redwood Shores State Marine Park. This area consists of waters below the mean high tide line within the Redwood Shores Ecological Reserve.
(A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants.
(B) Only lightweight, hand-carried boats may be launched or operated in within the park.
(25) Bair Island State Marine Park. This area consists of waters below the mean high tide line within the Bair Island Ecological Reserve.
(A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than kelp from shore only.
(B) Boating, swimming, wading, and diving are prohibited within the park.
(C) No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, shall enter this park during the period February 15 through May 20.
(D) Waterfowl may be taken in accordance with the general waterfowl regulations.
(26) James V. Fitzgerald State Marine Park. This area is bounded by the mean high tide line, a distance of 1000 feet offshore and the following points:
37 <> 32.68' N. lat. 122 <> 31.00' W. long.;
37 <> 32.75' N. lat. 122 <> 31.18' W. long.;
37 <> 29.73' N. lat. 122 <> 30.13' W. long.; and
37 <> 29.74' N. lat. 122 <> 29.90' W. long.
(A) Take of all living marine resources is prohibited except the recreational take by hook and line or spear of: rockfish (family Scorpaenidae), lingcod, surfperch (family Embiotocidae), monkeyface eel, rock eel, white croaker, halibut, cabezon, kelp greenling, and smelt (Families Osmeridae and Atherinidae).
(27) Special Closure: A
Ano Nuevo Invertebrate Area. This area is bounded by the mean high tide line and the following points within the Ano Nuevo State Reserve:
37 <> 09.87' N. lat. 122 <> 21.76' W. long; and
37 <> 06.98' N. lat. 122 <> 18.37' W. long.
(A) No invertebrates shall be taken except:
1. Recreational take of invertebrates is allowed except between the high tide mark and 100 feet beyond the low tide mark between November 30 and April 30.
2. Commercial take of the following invertebrates is allowed: crabs, ghost shrimp, jackknife clams, sea urchins, squid, and worms, except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up remove or destroy any rocks or other substrate or surfaces to which organisms are attached.
(B) Public access restrictions are subject to change; contact the Ano Nuevo State Reserve office prior to entry.
(28) Elkhorn Slough State Marine Reserve. This area is bounded by the mean high tide line and the 1.5-fathom depth contour within the Elkhorn Slough Ecological Reserve (National Estuarine Research Reserve).
(A) A $2.00 day use pass or a valid $10.00 annual wildlife pass is required of all users of Elkhorn Slough Ecological Reserve except: users that possess a valid California sport fishing license, hunting license or trapping license; users that are under 16 years of age; or users that are part of an organized youth or school group and having free permits issued by the appropriate regional office. Refer to subsections 550(b)(4) and (5), Title 14, CCR, for regulations for fee requirements for wildlife areas.
(29) Hopkins State Marine Reserve. This area is bounded by the mean high tide line, the 10-fathom depth contour, and the following points:
36 <> 37.25' N. lat. 121 <> 54.50' W. long.;
36 <> 37.63' N. lat. 121 <> 54.34' W. long.;
36 <> 37.22' N. lat. 121 <> 53.85' W. long.; and
36 <> 37.10' N. lat. 121 <> 54.09' W. long.
(A) The director of the Hopkins State Marine Reserve, or any person to whom the director of the reserve has issued a permit, may take, for scientific purposes, any fish or specimen of marine plant life under the conditions prescribed by the department or the director of the reserve.
(30) Pacific Grove State Marine Conservation Area. This area is bounded by the mean high tide line, the 10-fathom depth contour, and the following points:
36 <> 37.09' N. lat. 121 <> 56.49' W. long.;
36 <> 37.34' N. lat. 121 <> 57.34' W. long.;
36 <> 37.63' N. lat. 121 <> 54.34' W. long.; and
36 <> 37.25' N. lat. 121 <>54.50' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: finfish, and invertebrates other than mollusks or crustaceans.
2. Only the following species may be taken commercially by ring net, lampara net, or bait net: sardines, mackerel, anchovies, squid, and herring.
(31) Carmel Bay State Marine Conservation Area. This MPA is comprised of two areas. The first is bounded by the mean high tide line, and a straight line connecting the following points:
36 <> 33.64' N. lat. 121 <> 57.07' W. long.; and
36 <> 31.40' N. lat. 121 <> 56.17' W. long.
The second consists of waters shallower than 15 fathoms within an area bounded by straight lines connecting the following points in the order listed:
36 <> 33.65' N. lat. 121 <> 58.40' W. long.;
36 <> 33.65' N. lat. 121 <> 57.60' W. long.;
36 <> 33.10' N. lat. 121 <> 57.60' W. long.;
36 <> 33.10' N. lat. 121 <> 58.40' W. long.; and
36 <> 33.65' N. lat. 121 <> 58.40' W. long.
(A) Take of all living marine resources is prohibited except the recreational take of finfish by hook-and-line or spear and the commercial take of kelp under the following conditions:
1. Within Stillwater Cove kelp may be removed at any time to allow the passage and mooring of boats between Pescadero Rocks and Arrowhead Point.
2. If, at any time, the director of the department finds that the harvesting of kelp will tend to destroy or impair any kelp bed or beds, or parts thereof, or tend to impair or destroy the supply of any food for fish or wildlife, the director shall serve on every person licensed to harvest kelp a 48-hour advance, written notice that the kelp bed, or part thereof, will be closed to the harvesting of kelp for a period not to exceed one year. After service of such a notice, the person upon whom notice is served may appeal to the commission for a hearing to reopen the kelp bed or part thereof.
3. Not more than five percent (5%) of the total weight of kelp harvested in any one day shall consist of bull kelp (Nereocystis spp.).
4. Any licensed person or company intending to harvest kelp within the conservation area shall give the department's marine region manager, or designee, at least 48 hours written or oral notice of the intention to harvest. At the option of the department, the licensed person or company shall allow an observer selected by the department to accompany the harvester during such harvest.
5. Not more than 50 percent (50%) of the kelp within Administrative Kelp Bed 219 shall be harvested in any four-month period.
(32) Point Lobos State Marine Reserve. This area is bounded by the mean high tide line and the following points:
36 <> 31.40' N. lat. 121 <> 56.17' W. long.;
36 <> 31.60' N. lat. 121 <> 56.27' W. long.;
36 <> 31.50' N. lat. 121 <> 57.63' W. long.;
36 <> 30.81' N. lat. 121 <> 57.99' W. long.;
36 <> 30.33' N. lat. 121 <> 56.69' W. long.; and
36 <> 30.33' N. lat. 121 <> 56.33' W. long.
(A) Boats may be launched and retrieved only in designated areas and may be anchored within the reserve only during daylight hours.
(33) Julia Pfeiffer Burns State Marine Conservation Area. This area is bounded by the mean high tide line and the following points:
36 <> 10.50' N. lat. 121 <> 41.90' W. long.;
36 <> 09.60' N. lat. 121 <> 42.40' W. long;
36 <> 08.30' N. lat. 121 <> 40.80' W. long;
36 <> 09.20' N. lat. 121 <> 40.25' W. long; and
36 <> 09.25' N. lat. 121 <> 40.05' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: finfish, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels.
2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, squid, kelp and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached.
(34) Big Creek State Marine Reserve. This area is bounded by the mean high tide line, the 50-fathom depth contour, and the following points:
36 <> 05.31' N. lat. 121 <> 37.10' W. long.;
36 <> 05.31' N. lat. 121 <> 38.24' W. long.;
36 <> 03.65' N. lat. 121 <> 37.04' W. long.; and
36 <> 03.65' N. lat. 121 <> 35.50' W. long.
(A) Swimming. No person shall swim, wade, dive, or use any diving equipment within the Big Creek State Marine Reserve except as authorized pursuant to scientific research approved by the department.
(B) Boating. Except as allowed pursuant to Federal law, no person shall launch or operate a boat or other floating device within the Big Creek State Marine Reserve except to pass through the area during the normal course of vessel transit along the coast, to avoid inclement weather, or pursuant to scientific research approved by the department.
(C) Firearms. No person shall possess, fire, or discharge any firearm, bow and arrow, air or gas gun, spear gun, or any other weapon of any kind within, or into the Big Creek State Marine Reserve except as authorized pursuant to scientific research approved by the department.
(D) Public Entry. Public entry into the Big Creek State Marine Reserve may be restricted at the discretion of the department to protect wildlife, aquatic life, or habitat. No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, or institution or agency entering into a memorandum of understanding (MOU) with the department, may enter an area which is closed to public entry.
(E) Pesticides, Herbicides, and Other Regulated Chemicals. The use of pesticides, herbicides, and other regulated chemicals is prohibited in the Big Creek State Marine Reserve except as authorized pursuant to scientific research approved by the department. Where such chemicals are intended to be used as a part of any research program, any necessary authorization and/or permits required to dispense such chemicals into state waters or tide and submerged lands shall be obtained prior to final approval of the research by the department.
(F) Litter. No person shall deposit, drop, or scatter any debris on the Big Creek State Marine Reserve. Any refuse resulting from a person's use of an area must be removed from that area by such person.
(G) Aircraft. No person shall operate any aircraft or hovercraft within the Big Creek State Marine Reserve, except as authorized pursuant to scientific research approved by the department.
(H) Pets. Pets, including but not limited to, dogs and cats, are prohibited from entering the Big Creek State Marine Reserve unless authorized by the department.
(I) Memorandum of Understanding (MOU). The department may enter into MOU's with colleges, universities, and other bonafide research organizations, to conduct marine-related research within the Big Creek State Marine Reserve.
(J) The Department shall only approve research within the Big Creek State Marine Reserve which is compatible with research underway within the reserve area prior to its establishment by the commission, such research compatibility to be determined by contacting the Reserve Manager for the Landels-Hill Big Creek Reserve prior to authorizing research within the reserve.
(35) Atascadero Beach State Marine Conservation Area. This area is bounded by the mean high tide line, the three nautical mile offshore boundary, and the following points:
35 <> 23.64' N. lat. 120 <> 51.98' W. long.;
35 <> 23.50' N. lat. 120 <> 55.98' W. long.;
35 <> 22.10' N. lat. 120 <> 56.07' W. long.; and
35 <> 22.19' N. lat. 120 <> 52.20' W. long.;
(A) Take of clams is prohibited. Take of other living marine resources is allowed.
(36) Morro Beach State Marine Conservation Area. This area is bounded by the mean high tide line, the three nautical mile offshore boundary, and the following points:
35 <> 18.79' N. lat. 120 <> 52.30' W. long.;
35 <> 19.96' N. lat. 120 <> 55.90' W. long.;
35 <> 18.40' N. lat. 120 <> 56.35' W. long.; and
35 <> 17.13' N. lat. 120 <> 53.06' W. long.
(A) Take of clams is prohibited. Commercial take of giant kelp and bull kelp is prohibited. Take of other living marine resources is allowed.
(37) Pismo State Marine Conservation Area. This area is bounded by the mean high tide line, a distance of 1000 feet offshore, and the following points:
35 <> 07.65' N. lat. 120 <> 38.28' W. long.;
35 <> 07.60' N. lat. 120 <> 38.51' W. long.;
35 <> 07.28' N. lat. 120 <> 38.39' W. long.; and
35 <> 07.33' N. lat. 120 <> 38.17' W. long.
(A) Take of all invertebrates and marine aquatic plants is prohibited except the commercial take of algae other than giant kelp and bull kelp.
(38) Pismo-Oceano Beach State Marine Conservation Area. This area is bounded by the mean high tide line, the three nautical mile offshore boundary, and the following points:
35 <> 01.81' N. lat. 120 <> 38.07' W. long.;
35 <> 02.50' N. lat. 120 <> 41.69' W. long.;
34 <> 59.35' N. lat. 120 <> 42.50' W. long.; and
34 <> 58.48' N. lat. 120 <> 38.88' W. long.
(A) Take of clams is prohibited. Commercial take of giant kelp and bull kelp is prohibited. Take of other living marine resources is allowed.
(39) Vandenberg State Marine Reserve. This area is bounded by the mean high tide line, the 10-fathom depth contour, and the following points:
34 <> 36.27' N. lat. 120 <> 38.54' W. long.;
34 <> 35.82' N. lat. 120 <> 39.22' W. long.;
34 <> 33.03' N. lat. 120 <> 38.45' W. long.; and
34 <> 33.36' N. lat. 120 <> 37.60' W. long.
(A) Swimming. No person shall swim, wade, dive, or use any diving equipment within the Vandenberg State Marine Reserve except as authorized pursuant to scientific research approved by the department.
(B) Boating. Except as allowed pursuant to Federal law, no person shall launch or operate a boat or other floating device within the Vandenberg State Marine Reserve except to pass through the area during the normal course of vessel transit along the coast, to avoid inclement weather, or pursuant to scientific research approved by the department.
(C) Firearms. No person shall possess, fire, or discharge any firearm, bow and arrow, air or gas gun, spear gun, or any other weapon of any kind within, or into the Vandenberg State Marine Reserve except as authorized pursuant to scientific research approved by the department.
(D) Public Entry. Public entry into the Vandenberg State Marine Reserve may be restricted at the discretion of the department to protect wildlife, aquatic life, or habitat. No person, except state and local law enforcement officers, fire suppression agencies and employees of the department in the performance of their official duties or persons possessing written permission from the department, or institution or agency entering into a memorandum of understanding (MOU) with the department, may enter an area which is closed to public entry.
(E) Pesticides, Herbicides, and Other Regulated Chemicals. The use of pesticides, herbicides, and other regulated chemicals is prohibited in the Vandenberg State Marine Reserve except as authorized pursuant to scientific research approved by the department. Where such chemicals are intended to be used as a part of any research program, any necessary authorization and/or permits required to dispense such chemicals into state waters or tide and submerged lands shall be obtained prior to final approval of the research by the department.
(F) Litter. No person shall deposit, drop, or scatter any debris on the Vandenberg State Marine Reserve. Any refuse resulting from a person's use of an area must be removed from that area by such person.
(G) Aircraft. No person shall operate any aircraft or hovercraft within the Vandenberg State Marine Reserve, except as authorized pursuant to scientific research approved by the department.
(H) Pets. Pets, including but not limited to, dogs and cats, are prohibited from entering the Vandenberg State Marine Reserve unless authorized by the department.
(I) Memorandum of Understanding (MOU). The department may enter into MOU's with colleges, universities, and other bonafide research organizations, including Vandenberg Air Force Base (VAFB), to conduct marine-related research within the Vandenberg State Marine Reserve.
(J) The department shall enter into a Memorandum of Understanding (MOU) with the Commander of Vandenberg Air Force Base for the management and administration of the Vandenberg State Marine Reserve. The MOU shall include all uses necessary and compatible with the Vandenberg Air Force Base's national defense mission.
(40) Refugio State Marine Conservation Area. This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
34 <> 27.63' N. lat. 120 <> 05.32' W. long.;
34 <> 27.34' N. lat. 120 <> 05.75' W. long.;
34 <> 27.34' N. lat. 120 <> 02.75' W. long.; and
34 <> 27.76' N. lat. 120 <> 02.75' W. long.
(A) Take of all living marine resources is prohibited except:
1. Only the following species may be taken recreationally: finfish, chiones, clams, cockles, rock scallops, native oysters, crabs, lobsters, ghost shrimp, sea urchins, mussels and marine worms except that no worms may be taken in any mussel bed unless taken incidentally to the take of mussels.
2. Only the following species may be taken commercially: finfish, crabs, ghost shrimp, jackknife clams, sea urchins, kelp, squid and worms except that no worms may be taken in any mussel bed, nor may any person pick up, remove, detach from the substrate any other organisms, or break up, move or destroy any rocks or other substrate or surfaces to which organisms are attached.
(41) Goleta Slough State Marine Park. This area consists of waters below the mean high tide line within the Goleta Slough Ecological Reserve:
(A) Take of all living marine resources is prohibited except the recreational hook and line take of species other than marine aquatic plants from designated areas.
(B) Boating, swimming, wading, and diving are prohibited within the park.
(C) No person shall enter this reserve and remain therein except on established trails, paths or other designated areas except department employees or designated employees of Santa Barbara Airport, City of Santa Barbara and Goleta Valley Mosquito Abatement District for the purposes of carrying out official duties.
(42) Richardson Rock (San Miguel Island) State Marine Reserve. This area is bounded by the mean high tide line and straight lines connecting the following points in the order listed:
34 <> 08.40' N. lat. 120 <> 34.20' W. long.;
34 <> 08.40' N. lat. 120 <> 28.20' W. long.;
34 <> 03.60' N. lat. 120 <> 28.20' W. long.;
34 <> 03.60' N. lat. 120 <> 34.20' W. long.; and
34 <> 08.40' N. lat. 120 <> 34.20' W. long.