Marine Life Protection Act

Section 2850 names this chapter as the Marine Life Protection Act. Section 2850.5 requires the Ocean Protection Council to assume responsibility for the direction of policy of marine protected areas (MPAs). Section 2851 contains eight specified legislative findings and declarations.

Section 2852 defines the following terms: “adaptive management,” “biogeographical regions,” “marine protected areas,” and “marine life reserve.”

Section 2853 contains a legislative finding and declaration. The commission was required to adopt a Marine Life Protection Program, which contains six specified goals. The program may include areas with various levels of protection, and must include all seven specified elements:

Section 2854 requires the State Interagency Marine Managed Areas Workgroup to determine future actions for implementing the recommendations of its final report.

Section 2855 requires the commission to adopt a master plan that guides the adoption and implementation of the Marine Life Protection Program and decisions regarding the siting of new MPAs and major modifications of existing MPAs. The plan is to be based on the best readily available science.

Section 2856 requires the department and team to use the best readily available scientific information in preparing the master plan and organize the location-specific contents, where feasible, by biogeographical region. The master plan has to include all eleven specified components:

Section 2858 requires the department to establish a process for external peer review of the scientific basis for the master plan.

Section 2860 allows the commission to regulate commercial and recreational fishing and any other taking of marine species in MPAs.

Section 2861 requires the commission to every three years receive, consider, and promptly act upon petitions from any interested party, to add, delete, or modify MPAs, favoring those petitions that are compatible with the goals and guidelines of this chapter.

Section 2862 states that the department, in evaluating proposed projects with potential adverse impacts on marine life and habitat in MPAs, must highlight those impacts in its analysis and comments related to the project and recommend measures to avoid or fully mitigate any impacts that are inconsistent with the goals and guidelines of this chapter or the objectives of the MPA.