Posted by John Moore on March 13, 2003 at 14:28:15:
In Reply to: Northern Channel Islands MPAs to be effective April 9th posted by Chris on March 13, 2003 at 09:12:53:
Below is the actual text of the Fish & Game regs to be added dealing with the
northern Channel Islands MPAs. Of interest to some of you will be the
definition of pelagic finfish (for those areas where take of pelagic finfish
will be allowed inside the MPA) and what it has to say about access,
anchoring and transit. As promised, transit is allowed with catch so long as
fishing gear is stowed and not in use.
John
Section 632, Title 14, CCR, is added to read:
632. Marine Protected Areas.
The areas specified in this section have been declared by the commission to
be Marine Protected Areas. Public use of Marine Protected Areas shall be
compatible with the primary purposes of such areas, and subject to the
following applicable general rules and regulations, except as otherwise
provided for in section 632(b), areas and special regulations for use.
Nothing in this section expressly or implicitly precludes, restricts or
requires modification of current or future uses of the waters identified as
Marine Protected Areas or the lands or waters adjacent to these designated
areas by the Department of Defense, its allies or agents.
(a) General Rules and Regulations:
(1) Protection of Resources.
(A) State Marine Reserves: 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 commission
for research, restoration, or monitoring purposes.
(B) State Marine Conservation Areas: 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 except as specified in
section 632(b), areas and special regulations for use. The commission may
permit research, education, and recreational activities, and certain
commercial and recreational harvest of marine resources, provided that these
uses do not compromise protection of the species of interest, natural
community, habitat, or geological features.
(2) Pelagic Finfish. Pelagic finfish, for the purpose of this section, are
defined as: northern anchovy (Engraulis mordax), barracudas (Sphyraena sp.),
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 section 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 section 632(b), areas
and special regulations for use. Fishing gear must be stowed and not in use
while anchored in a Marine Protected 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 provided fishing gear is stowed and not in use.
(b) Areas and Special Regulations for Use:
(1) Santa Barbara Island State Marine Reserve. This area is bounded by the
mean high tide line, the three nautical mile offshore boundary and the
following points:
33° 28.5' N. lat. 119° 01.7' W. long.;
33° 28.5' N. lat. 118° 58.2' W. long.;
33° 24.9' N. lat. 119° 02.2' W. long.;
33° 27.9' N. lat. 119° 02.2' W. long.
(2) Anacapa Island State Marine Reserve. This area is bounded by the mean
high tide line and the following points:
34° 04' N. lat. 119° 24.6' W. long.;
34° 04' N. lat. 119° 21.4' W. long.;
34° 01' N. lat. 119° 21.4' W. long.;
34° 00.4' N. lat. 119° 24.6' W. long.
(3) Anacapa Island State Marine Conservation Area. This area is bounded by
the mean high tide line and the following points:
34° 04' N. lat. 119° 26.7' W. long.;
34° 04' N. lat. 119° 24.6' W. long.;
34° 00.4' N. lat. 119° 24.6' W. long.;
34° 00.8' N. lat. 119° 26.7' W. long.
(A) No take of living or non-living marine resources is allowed except for
the recreational take of spiny lobster (Panulirus interruptus) and pelagic
finfish (632(a)(2) and the commercial take of spiny lobster.
(B) No net or trap may be used in waters less than 20 feet deep off the
Anacapa Islands commonly referred to as Anacapa Island.
(C) A brown pelican fledgling area is designated from the mean high tide
mark seaward to a water depth of 20 fathoms (120 feet) on the north side of
West Anacapa Island between a line extending 345 magnetic off Portuguese
Rock to a line extending 345 magnetic off the western edge of Frenchy's
Cove, a distance of approximately 4,000 feet. No person except department
employees or employees of the National Park Service in the performance of
their official duties shall enter this area during the period January 1 to
October 31.
(4) Scorpion (Santa Cruz Island) State Marine Reserve. This area is bounded
by the mean high tide line and the following points:
34° 06.2' N. lat. 119° 35.5' W. long.;
34° 06.2' N. lat. 119° 32.8' W. long.;
34° 02.8' N. lat. 119° 32.8' W. long.;
34° 02.94' N. lat. 119° 35.5' W. long.
(5) Painted Cave (Santa Cruz Island) State Marine Conservation Area. This
area is bounded by the mean high tide line, the one nautical mile offshore
boundary, and the following points:
34° 05.2' N. lat. 119° 53' W. long.;
34° 05' N. lat. 119° 51' W. long.;
34° 04' N. lat. 119°51' W. long.;
34° 04.5' N. lat. 119° 53' W. long.
(A) No take of living or non-living marine resources is allowed except for
the recreational take of spiny lobster (Panulirus interruptus) and pelagic
finfish (632(a)(2).
(6) Gull Island (Santa Cruz Island) State Marine Reserve. This area is
bounded by the mean high tide line and the following points:
33° 58' N. lat. 119° 53' W. long.;
33° 58' N. lat. 119° 51' W. long.;
33° 57.7' N. lat. 119° 48' W. long.;
33° 55.2' N. lat. 119° 48' W. long.;
33° 55.2' N. lat. 119° 53' W. long.
(7) Carrington Point (Santa Rosa Island) State Marine Reserve. This area is
bounded by the mean high tide line and the following points:
34° 04' N. lat. 120° 5.2' W. long.;
34° 04' N. lat. 120° 01' W. long.;
34° 00.5' N. lat. 120° 01' W. long.;
34° 00.5' N. lat. 120° 02.8' W. long.;
34° 01.3' N. lat. 120°05.2' W. long.
(8) Skunk Point (Santa Rosa Island) State Marine Reserve. This area is
bounded by the mean high tide line and the following points:
33° 59' N. lat. 119° 58.8' W. long.;
33° 59' N. lat. 119° 58' W. long.;
33° 57.1' N. lat. 119° 58' W. long.;
33° 57.1' N. lat. 119° 58.2' W. long.
(9) South Point (Santa Rosa Island) State Marine Reserve. This area is
bounded by the mean high tide line and the following points:
33° 55' N. lat. 120°10' W. long.;
33° 53.8' N. lat. 120°06.5' W. long.;
33° 51.4' N. lat. 120° 10' W. long.;
33° 51.4' N. lat. 120°06.5' W. long.
(10) Harris Point (San Miguel Island) State Marine Reserve. This area is
bounded by the mean high tide line and the following points:
34° 06' N. lat. 120°23.3' W. long.;
34° 06' N. lat. 120°18.4' W. long.;
34° 01.8' N. lat. 120°18.4' W. long.;
34° 03.1' N. lat. 120°23.3' W. long.
(A) An exemption to the reserve, where commercial and recreational take of
living marine resources is allowed, exists between the mean high tide line in
Cuyler Harbor and a line between the following points:
34°03.5' N. lat. 120° 21.3' W. long.;
34°02.9' N. lat. 120° 20.2' W. long.
(B) Boating is permitted at San Miguel Island except west of a line drawn
between Judith Rock and Castle Rock where boats are prohibited closer than
300 yards from shore. Boats may be anchored overnight only at Tyler Bight
and Cuyler Harbor. Boats traveling within 300 yards of shoreline or
anchorages shall operate with a minimum amount of noise and shall not exceed
speeds of five miles per hour. Landing is allowed on San Miguel Island by
permit only at the designated landing beach in Cuyler Harbor. No person
shall have access to all other offshore rocks and islands in the reserve.
1. Notwithstanding the 300-yard boating closure between Judith Rock and
Castle Rock, the following shall apply:
a. Boats may approach San Miguel Island no nearer than 100 yards from shore
during the period(s) from March 15 through April 30, and October 1 through
December 15; and
b. Boats operated by commercial sea urchin boat operators who have been
issued permits by the department to take sea urchins from the Point Bennett
area of San Miguel Island may enter any waters of the 300-yard area between
Judith Rock and Castle Rock for the purpose of fishing sea urchins during the
period(s) March 15 through April 30, and October 1 through December 15.
2. The department may rescind permission for boats to enter waters within
300 yards between Judith Rock and Castle Rock upon finding that impairment to
the island marine mammal resource is imminent. Immediately following such
closure, the department will request the commission to hear, at its regularly
scheduled meeting, presentation of documentation supporting the need for such
closure.
(11) Richardson Rock (San Miguel Island) State Marine Reserve. This area is
bounded by the mean high tide line and the following points:
34°08.4' N. lat. 120°34.2' W. long.;
34°08.4' N. lat. 120°28.2' W. long.;
34°03.6' N. lat. 120°28.2' W. long.;
34°03.6' N. lat. 120°34.2' W. long.
(12) Judith Rock (San Miguel Island) State Marine Reserve. This area is
bounded by the mean high tide line and the following points:
34°01.8' N. lat. 120° 26.6' W. long.;
34°01.5' N. lat. 120° 25.3' W. long.;
33°58.5' N. lat. 120° 25.3' W. long.;
33°58.5' N. lat. 120° 26.6' W. long.
NOTE: Authority: Sections 200, 203.1, 205(c), 219, 220, 1590, 1591, and 2860
Fish and Game Code. Sections 36725(a) and 36725(e) Public Resources Code.
Reference: Sections 200, 203.1, 205(c), 219 and 220, Fish and Game Code.
Sections 36725(a) and 36725(e) Public Resources Code.