Posted by John M. on September 18, 2003 at 16:53:38:
In Reply to: Campgrounds on Santa Cruz to outside of the MLPA border posted by Nate on September 18, 2003 at 09:17:34:
Calif Code of Regulations
Title 14
§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:
33o 28.5' N. lat. 119o 01.7' W. long.;
33o 28.5' N. lat. 118o 58.2' W. long.;
33o 24.9' N. lat. 119o 02.2' W. long.;
33o 27.9' N. lat. 119o 02.2' W. long.
(2) Anacapa Island State Marine Reserve. This area is bounded by the mean high tide line and the following points:
34o 04' N. lat. 119o 24.6' W. long.;
34o 04' N. lat. 119o 21.4' W. long.;
34o 01.2' N. lat. 119o 21.4' W. long.;
34o 00.4' N. lat. 119o 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:
34o 04' N. lat. 119o 26.7' W. long.;
34o 04' N. lat. 119o 24.6' W. long.;
34o 00.4' N. lat. 119o 24.6' W. long.;
34o 00.8' N. lat. 119o 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:
34o 06.2' N. lat. 119o 35.5' W. long.;
34o 06.2' N. lat. 119o 32.8' W. long.;
34o 02.8' N. lat. 119o 32.8' W. long.;
34o 02.9' N. lat. 119o 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:
34o 05.2' N. lat. 119o 53' W. long.;
34o 05' N. lat. 119o 51' W. long.;
34o 04' N. lat. 119o 51' W. long.;
34o 04.5' N. lat. 119o 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:
33o 58' N. lat. 119o 53' W. long.;
33o 58' N. lat. 119o 51' W. long.;
33o 57.7' N. lat. 119o 48' W. long.;
33o 55.2' N. lat. 119o 48' W. long.;
33o 55.2' N. lat. 119o 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:
34o 04' N. lat. 120o 5.2' W. long.;
34o 04' N. lat. 120o 01' W. long.;
34o 00.5' N. lat. 120o 01' W. long.;
34o 00.5' N. lat. 120o 02.8' W. long.;
34o 01.3' N. lat. 120o 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:
33o 59' N. lat. 119o 58.8' W. long.;
33o 59' N. lat. 119o 58' W. long.;
33o 57.1' N. lat. 119o 58' W. long.;
33o 57.1' N. lat. 119o 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:
33o 55' N. lat. 120o 10' W. long.;
33o 53.8' N. lat. 120o 06.5' W. long.;
33o 51.4' N. lat. 120o 10' W. long.;
33o 51.4' N. lat. 120o 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:
34o 06' N. lat. 120o 23.3' W. long.;
34o 06' N. lat. 120o 18.4' W. long.;
34o 01.8' N. lat. 120o 18.4' W. long.;
34o 03.1' N. lat. 120o 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:
34o 03.5' N. lat. 120o 21.3' W. long.;
34o 02.9' N. lat. 120o 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:
34o 08.4' N. lat. 120o 34.2' W. long.;
34o 08.4' N. lat. 120o 28.2' W. long.;
34o 03.6' N. lat. 120o 28.2' W. long.;
34o 03.6' N. lat. 120o 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:
34o 01.8' N. lat. 120o 26.6' W. long.;
34o 01.5' N. lat. 120o 25.3' W. long.;
33o 58.5' N. lat. 120o 25.3' W. long.;
33o 58.5' N. lat. 120o 26.5' W. long.
NOTE
Authority cited: Sections 200, 203.1, 205(c), 219, 220, 1590, 1591 and 2860, Fish and Game Code; and Sections 36725(a) and 36725(e), Public Resources Code. Reference: Sections 200, 203.1, 205(c), 219 and 220, Fish and Game Code; and Sections 36725(a) and 36725(e), Public Resources Code.
HISTORY
1. New section filed 3-10-2003; operative 4-9-2003 (Register 2003, No. 11).