ARTICLE 1.4. Marine Resources Protection Act of 1990 [8610.1. - 8610.16.]

Cal. Fish and Game Code - FGC 1.4.
in effect

Cal. Fish and Game Code - FGC § 8610.1. Section 8610.1.

The Marine Resources Protection Act of 1990 (Art. X B, Cal. Const.) was adopted as an initiative constitutional amendment at the November 6, 1990, general election. This article codifies and implements that initiative constitutional amendment.

Cal. Fish and Game Code - FGC § 8610.2. Section 8610.2.

(a) “District” for the purposes of this article and of Article X B of the California Constitution means a fish and game district as defined in this code on January 1, 1990. (b) Except as specifically provided in this article, all references to sections, articles, chapters, parts, and divisions of this code are to those statutes in effect on January 1, 1990. (c) “Ocean waters” means the waters of the Pacific Ocean regulated by the state. (d) “Zone” means the Marine Resources Protection Zone established pursuant to this article. The zone consists of the following: (1) In waters less than 70 fathoms or within one mile, whichever is less, around the Channel Islands consisting of the Islands of San Miguel, Santa Rosa, Santa Cruz, Anacapa, San Nicolaus, Santa Barbara, Santa Catalina, and San Clemente. (2) The area within three nautical miles offshore of the mainland coast, and the area within three nautical miles off any manmade breakwater, between a line extending due west from Point Arguello and a line extending due west from the Mexican border. (3) In waters less than 35 fathoms between a line running 180 degrees true from Point Fermin and a line running 270 degrees true from the south jetty of Newport Harbor.

Cal. Fish and Game Code - FGC § 8610.3. Section 8610.3.

(a) From January 1, 1991, to December 31, 1993, inclusive, gill nets or trammel nets may only be used in the zone pursuant to a nontransferable permit issued by the department pursuant to Section 8610.5. (b) On and after January 1, 1994, gill nets and trammel nets shall not be used in the zone.

Cal. Fish and Game Code - FGC § 8610.4. Section 8610.4.

(a) Notwithstanding any other provision of law, gill nets and trammel nets may not be used to take any species of rockfish. (b) In ocean waters north of Point Arguello on and after November 7, 1990, the use of gill nets and trammel nets shall be regulated by Article 4 (commencing with Section 8660), Article 5 (commencing with Section 8680) and Article 6 (commencing with Section 8720) of Chapter 3 of Part 3 of Division 6, or any regulation or order issued pursuant to these articles, in effect on January 1, 1990, except that as to Sections 8680, 8681, 8681.7, and 8682, and subdivisions (a) to (f), inclusive, of Section 8681.5, or any regulation or order issued pursuant to these sections, the provisions in effect on January 1, 1989, shall control where not in conflict with other provisions of this article, and shall be applicable to all ocean waters. Notwithstanding the provisions of this section, the Legislature shall not be precluded from imposing more restrictions on the use or possession of gill nets or trammel nets. The director shall not authorize the use of gill nets or trammel nets in any area where the use is not permitted even if the director makes specified findings.

Cal. Fish and Game Code - FGC § 8610.5. Section 8610.5.

The department shall issue a permit to use a gill net or trammel net in the zone for the period specified in subdivision (a) of Section 8610.3 to any applicant who meets both of the following requirements: (a) Has a commercial fishing license issued pursuant to Sections 7850 to 7852.3, inclusive. (b) Has a permit issued pursuant to Section 8681 and is presently the owner or operator of a vessel equipped with a gill net or trammel net.

Cal. Fish and Game Code - FGC § 8610.6. Section 8610.6.

The department shall charge the following fees for permits issued pursuant to Section 8610.5 pursuant to the following schedule: Calendar Year Fee 1991 $ 250 1992 500 1993 1,000

Cal. Fish and Game Code - FGC § 8610.11. Section 8610.11.

It is unlawful for any person to take, possess, receive, transport, purchase, sell, barter, or process any fish obtained in violation of this article.

Cal. Fish and Game Code - FGC § 8610.12. Section 8610.12.

To increase the state’s scientific and biological information on the ocean fisheries of this state, the department shall establish a program whereby it can monitor and evaluate the daily landings of fish by commercial fishermen who are permitted under this article to take these fish. The cost of implementing this monitoring program shall be borne by the commercial fishing industry.

Cal. Fish and Game Code - FGC § 8610.14. Section 8610.14.

(a) Prior to January 1, 1994, the commission shall establish four new ecological reserves in ocean waters along the mainland coast. Each ecological reserve shall have a surface area of at least two square miles. The commission shall restrict the use of these ecological reserves to scientific research relating to the management and enhancement of marine resources, including, but not limited to, scientific research as it relates to sportfishing and commercial fishing. Recreational uses, including, but not limited to, hiking, walking, viewing, swimming, diving, surfing, and transient boating are not in conflict with this section. (b) Prior to establishing the four ecological reserves, the commission shall conduct a public hearing at each of the recommended sites or at the nearest practicable location. (c) On and after January 1, 2002, the four ecological reserves established pursuant to subdivision (a) shall be called state marine reserves, unless otherwise reclassified pursuant to Section 2855, and shall become part of the state system of marine managed areas.

Cal. Fish and Game Code - FGC § 8610.16. Section 8610.16.

If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026

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