╨╧рб▒с;■  ■                                                                                                                                                                                                                                                                                                                                                                                                                                                   ¤   ;■   <  !"#$%&'()*+,-./0123456789:=■   ■   >?@ABCDEFGHIJKLMN■                                                                                                                                                                                                       R         └FАхl/}║АCompObj            \WordDocument        БСObjectPool    \k/}║\k/}║■    ■                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           ■      └FMicrosoft Word 6.0 Document■   NB6WWord.Document.6; ■ ■  ЄЯЕрO∙hлС+'│┘0ЯШф° " ( 4 @LT \hЕ НЧ        DMeadowfoam:Applications:Word Processing:Microsoft Word 6.0.1:Normal Brian Baird Sheila Hurst Sheila Hurst'@NЇc/}║@Аv╙Є╠ч@NЇc/}║▄еhO└ elБСiОlОllОlОlОlОlО╓П╓П╓П╓П╓П╓П рП^╓ПзРK>Р>Р>Р>Р>Р>Р>Р>РРБРБРБРБРБРБР&ЄРXJС7зРlО>Р78>Р>Р>Р>РзР>РlОlО>Р>Р>Р>Р>Р>РlО>РlО>РРАОАП╓lОlОlОlО>РР>РA>РBrian Baird California Ocean Program Manager Resources Agency The Resources Building 13th Floor Sacramento, CA 95814 Dear Mr. Baird: Assembly Member Deirdre Alpert, Chair of the Assembly Select Committee on Marine Resources, requested this office to prepare a list of those California statutes that pertain to the regulation and management of California ocean resources and ocean waters. Assembly Member Alpert directed that this list be provided to the Secretary of the Resources Agency for use by the Resources Agency in the preparation of the California Ocean Resources Management Plan. Pursuant to that request, we have enclosed the following list which identifies and summarizes the provisions of California law that pertain to the regulation or management of ocean resources and ocean waters. Very truly yours, Bion M. Gregory Legislative Counsel By Keith T. Schulz Deputy Legislative Counsel FISH AND GAME CODE Section Number Topic Chapter 2 (commencing Delegates to the Fish and Game with Sec. 200), Div. 1 commission (commission) the power to regulate the taking or possession of, among other things, fish, except for commercial purposes. 313 Authorizes the commission to prohibit the taking or possessing of tuna in conformity with federal law. 316 Authorizes the commission to prohibit the taking or possessing of Pacific halibut in conformity with federal law. 390,391 Authorizes the Department of Fish and Game (department) to enter into reciprocal agreements with federal., county, and other state agencies for fish and wildlife law enforcement. 400,401 Accepts specified federal fish and wildlife restoration acts for the state. 500 Authorizes commission to adopt guidelines for ascertaining civil penalties for illegal actions to fish and wildlife for commercial purposes. 711 Prescribes limitations on funding revenue sources for commercial and recreational fishing programs implemented by the department. 1000.5 Requires the department to submit a biennial report to the Governor on the status of selected ocean fisheries. 1000.6 Requires the commission to assess the salmon escapement count on the Eel, Smith, and Klamath rivers. 1002,1003 Authorizes the issuance of permits for the taking of fish for scientific, educational, or propagation purposes. 1006 Authorizes the department to inspect boats, markets, stores, and other buildings and receptacles where fish may be stored, placed, or held for sale or storage, and boxes and packages containing fish held for transportation by a common carrier. 1007 Authorizes the department to import, propagate, and distribute fish. 1008 Authorizes the department to investigate diseases of and problems relating to fish and to establish and maintain laboratories for that investigation. 1014 Authorizes the department to operate, maintain, and replace fish enhancement facilities. 1017 Provides for the resolution of conflicts between the management, conservation, and protection of fish and private and public development activities; permits the department to use informal consultation procedures prior to formal action. 1068 Requires the Director of Fish and Game to establish a communications network and education programs with respect to the sea urchin industry. 1069 Provides for the collection of assessments on behalf of fish and seafood marketing councils. Article 3 Provides for the establishment of, (commencing with and the leasing of real property Sec. 1120), Ch. 3, for, fish hatcheries by the Div. 2 commission. Authorizes the department to stock waters with fish spawn or ova for fish food. Provides for permits for private hatcheries and cooperative salmon and steelhead trout rearing facilities. 1348 Provides for acquisition of lands, right in lands, water, and water rights for wildlife conservation purposes. 1580,1581 Provides for acquisition, occupation, use, operation, protection, and administration of ecological preserves. 1701 Authorizes the department to conduct research and management studies of marine fishery resources. Article 1 (commencing Regulates the unlawful taking and with Sec. 2000), Ch. 1 possession of fish and amphibia Div. 3 taken from waters of the state. Article 3 Prohibits the taking or jeopardizing (commencing with of endangered or threatened @ec. 2080), Ch. 1.5, species or their habitat. Div. 3 2118 Prohibits the importation, transportation, possession, or release alive of specified wild animals, including amphibian lampreys, bony fishes, reptiles, and crustaceans. Article 2 Authorizes permits to import, (commencing with possess, or transport species listed Sec. 2150), Ch. 2, pursuant to Section 2118 under Div. 3 specified circumstances and regulates the enforcement of transported, received, or imported species. Article 3 (commencing Prohibits the receipt and import with Sec. 2270), Ch. 3, of fish, reptiles, amphibian or Div. 3 aquatic plants for purpose of propagation from a place where any infected, diseased, or parasitized fish, reptile, amphibian or aquatic plants are known to exist; requires notice to the department of the importation of fish, reptiles, amphibian or aquatic plants and the tagging of shipments. Article 1 Provides for regulation of the (commencing with importation and transportation of bec. 2345), Ch. 4, dead fish, reptiles, and amphibia. Div. 3 Chapter 6.5 Provides civil liability for the (commencing with unlawful export, import, transport, Sec. 2580), Div. 3 sale, possession, receipt, or acquisition, or for assisting, conspiring, or aiding in those acts relating to fish, reptiles, or amphibia and provides for rewards for information on violations. Chapter 7 (commencing Authorizes the expenditure of funds with Sec. 2600) and for the acquisition or enhancement Chapter 7.5 (commencing of fish habitat. with Sec. 2700), Div. 3 Chapter 8 Provides funding for fisheries (commencing with restoration projects, including bec. 2760), Div. 3 anadramous fish and coastal waters habitat. Chapter 5 (commencing Prohibits the taking of marine with Sec. 4500), Pt. 3, mammals, including sea otters, Div. 4 whales, dolphins, porpoises, seals, and sea lions, unless in accordance with federal laws. Division 6 Provides for the regulation of fish (commencing with and aquatic plants and fish habitat, Sec. 5500) fish planting and propagation, kelp harvesting and kelp bed leases, artificial reefs, and aquatic nuisance species; prohibits the contamination of waters bearing fish and shellfish; establishes an ocean resources enhancement and hatchery program and a salmon, steelhead trout, and anadramous fisheries program; requires the department to develop a fishery management plan for the white sea bass fishery and other high priority marine fish species; and provides for the regulation and licensing of sportfishing and commercial fishing. Division 7 Provides for the regulation of fish (commencing with and game refuges and other protected Sec. 10500) areas. Division 11 Authorizes the Governor to enter (commencing with into the Pacific Marine Fisheries Sec. 14000) Compact, an interstate agreement for the coordination and enforcement of fishing laws in the western states and provides for participation in the Pacific Marine Fisheries Commission. Division 12 Provides for the regulation of (commencing with aquaculture, including brood stock Sec. 15000) acquisition, leases of state water bottoms, disease control, and ocean ranching. GOVERNMENT CODE Section Number Topic 425.5 Proclaims the California gray whale the official State Marine Mammal. Article 3.5 (commencing Establishes the State Interagency with Sec. 8574.1), Ch. 7, Oil Spill Committee and requires the Div. 1, Title 2 Governor to establish a state oil spill contingency plan to combat the results of major oil spills within the state, and to include within that plan a marine oil spill contingency planning section. Article 1 (commencing Establishes the Lempert-Keenewith Sec. 8670.1), Ch. 7.4, Seastrand Oil Spill Prevention and Div. 1, Title 2 Response Act and creates a statutory framework for the prevention, removal, abatement, response, containment, and cleanup of oil spills in marine waters of the state. Regulates marine vessel and terminal safety. Chapter 15 (commencing Authorizes a city that owns with Sec. 39900), Pt. 2, tidelands or fronts on navigable Div. 3, Title 4 water to establish harbor lines, ensure public access to navigable waters, build improvements and structures, and operate ferries. Title 7.2 (commencing Establishes the San Francisco Bay with Sec. 66600) Conservation and Development Commission to oversee and regulate the use of, the placing of fill, the extraction of materials, or the building or modification of any water,, land, or structure in the San Francisco Bay. HARBORS AND NAVIGATION CODE Section Number Topic 60.4 Authorizes the Department of Boating and Waterways to enter into contracts with the U.S. Corps of Engineers for the dredging of harbors and the erection of breakwaters and piers. Article 2.5 (commencing Provides for regulation of beach with Sec. 65), Ch. 2, erosion control. Div. 1 Article 3 (commencing Provides for funding of small craft with Sec. 70), Ch. 2, harbors and connecting waterways Div. 1 maintenance and development. Article 5 (commencing Provides for loan funding of with Sec. 76), Ch. 2, recreational marinas for maintenance Div. 1 and development. 82.2 Authorizes the Navigation and ocean Development Commission to conduct studies of the need for, and situs of, small craft harbors and connecting waterways. 85.2 Provides funding of small craft harbors and boating facilities at state-owned sites. 107 Provides the designation of the ocean coast line. 132 Prohibits the dumping of ballast from vessel or obstructing navigation in ports, harbors, or coves. 133 Prohibits the discharge of oil in navigable waters from vessels. 134 Prohibits the dumping of wood products in Humboldt Bay. 151 Prohibits the depositing of oil in state waters; damages and civil penalties. 268 Authorizes county or city regulation of vessel or water ski races or other marine events. 293 Imposes absolute liability on petroleum, fuel oil, or hazardous substances carriers for property damage to natural resources and wildlife. 294 Imposes absolute liability for discharge or leaking natural gas, oil, or drilling waste or exploration damages in marine waters. Chapter 4 (commencing Imposes criminal liability for with Sec. 300), Div. 2 offenses to vessels, including sinking. 425 Authorizes jettison of cargo and appurtenances in cases of extreme peril. Article 4 (commencing Authorizes a vessel traffic service with Sec. 445), Ch. 1, in Los Angeles and Long Beach Div. 3 harbor. Chapter 3 (commencing Provides for regulation and disposal with Sec. 510), Div. 3 of vessel wrecks and salvage, including removal of abandoned hulks. Article 4 (commencing Provides for the licensing and with Sec. 773), Ch. 5, regulation of charter boats. Div. 3 Chapter 6 (commencing Regulates marine sanitation devices with Sec. 775), Div. 3 on vessels and requires vessel pumpout facilities at marinas and other facilities. Part 1 (commencing Provides for port or harbor with Sec. 1690), Div. 6 infrastructure development and financing. Part 2 (commencing Provides for harbor and port with Sec. 1720), Div. 6 mitigation projects for filling of subtidal habitats. Chapter 1 (commencing Authorizes county regulation of with Sec. 4000), Div. 7 private wharves, chutes, and piers. Division 8 (commencing Provides for the management and with Sec. 5000) control of harbor and port districts and the making of improvements and development therein. Chapter 67, Stats. Creates the San Diego Unified Port 1962, lst Ex. Sess. District; provides for the management and control of the harbor and port in San Diego Bay and the making of improvements and development therein. Chapter 1283, Creates the Humboldt Bay Harbor, Stats. 1970 Recreation, and Conservation District; provides for the management and control of harbor and port in Humboldt Bay and the making of improvements and development therein. HEALTH AND SAFETY CODE Section Number Topic Article 10.2 (commencing Requires health officers to annually with Sec. 427.10), Ch. 2, submit to the State Water Resources Pt. 1, Div. 1 Control Board a survey of all postings and closures of public salt water beaches due to threats to the public health. Chapter 4 (commencing Imposes criminal liability upon with Sec. 4400), Pt. 2, persons who dump or deposit any Div. 5 garbage in or upon any point in the ocean within 20 miles of the coast line. Article 4 (commencing Authorizes the State Department of with Sec. 24155), Ch. 1, Health Services to supervise the Div. 20 sanitation, healthfulness, and safety of public beaches and public water contact sport areas of the ocean waters and bays. 25215.2 Prohibits the disposal of lead battery acid in marine waters. 25250.5 Prohibits the disposal of used oil in marine waters. 25612, 25613 Directs the State Department of Health Services and other agencies to cooperate with any federal agency monitoring ocean radioactive dump sites, to conduct seafood sample testing and take emergency action if found to endanger human health, and to establish a scientific advisory committee on ocean dumping of radioactive waste. Authorizes various agencies to take measures to prevent any dumping of radioactive waste in the Pacific Ocean, except as permitted under the California Coastal Act of 1976. Chapter 10 (commencing Requires the State Department of with Sec. 28500), Div. 22 Health Services to regulate and establish uniform sanitary standards for the harvesting of shellfish in state waters. Authorizes the State Director of Health Services to declare any area within the jurisdiction of the state to be a closed growing area for purposes of shellfish harvesting. PENAL CODE Section Number Topic 653p Prohibits the possession with intent to sell, or the sale, within the state, of any fish, bird, mammal, amphibian, reptile, mollusk, invertebrate, or plant, the importation of which is illegal under the federal Endangered Species Act or the Marine Mammal Protection Act. PUBLIC RESOURCES CODE Section Number Topic Article 3 (commencing Authorizes the Department of Parks with Sec. 560), Ch. 1, and Recreation to participate or Div. 1 contract with the U.S. Army Corps of Engineers, the County of San Luis Obispo, or the City of Pismo Beach, in repairing and improving the concrete seawall at Pismo State Beach. Chapter 4 (commencing The California Aquaculture with Sec. 825), Div. 1 Development Act defines the term ╥aquaculture╙ and provides that the Department of Fish and Game is the lead agency for purposes of the California Environmental Quality Act for any project involving the issuance of a permit. 3205.1 Requires any person engaging in the drilling of wells located on submerged lands under ocean waters within the state's jurisdiction to file a blanket indemnity bond of $250,000. 5019.62 Classifies state seashores as a unit of the state park system and prescribes their functions and purposes. Chapter 1.6 (commencing Authorizes the issuance and sale of with Sec. 5096.1), Div. 5 bonds in the amount of $150,000,000 to finance the acquisition and development of lands, including beaches, for park and recreation purposes. Chapter 1.67 (commencing Authorizes the issuance and sale of with Sec. 5096.71), Div. 5 bonds in the amount of $250,000,000 to finance the acquisition and development of lands for park, recreation area, beach, and historical purposes. Chapter 1.68 (commencing Authorizes the issuance and sale of with Sec. 5096.111), Div. 5 bonds in the amount of $280,000,000 to finance the acquisition and development of lands for park, beach, recreational, and historical resources preservation purposes. Chapter 1.69 (commencing Establishes the Parklands Fund of with Sec. 5096.141), Div. 5 1980 to finance the acquisition and development of lands for park, beach, recreational, and historical resources preservation purposes. Chapter 1.691 (commencing Authorizes the issuance and sale of with Sec. 5096.225), Div. 5 bonds in the amount of $370,000,000 to finance the acquisition and development of lands for park, beach, recreational, and historical resources preservation purposes. Article 3 (commencing Authorizes any county or city to with Sec. 5150), Ch. 2, assist the state in acquiring any Div. 5 park, playground, recreational center, or beach to be used for recreational purposes. Permits counties to construct works for the prevention of beach erosion or for the restoration of eroded beaches. Chapter 3.7 (commencing Authorizes the issuance and sale of with Sec. 5700), Div. 5 bonds in the amount of $100,000,000 for grants to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of lands for park, beach, recreational, or historical resources preservation purposes. Division 5.8 (commencing Authorizes the issuance and sale of with Sec. 5900) bonds in the amount up to $776,000,000 to finance various projects relating to parks, beaches, wildlife habitat, natural lands, recreation, or preservation of historical resources. 6216 Authorizes the State Lands commission to administer, sell, lease, or dispose of the public lands owned by the state or under its control, including tidelands and submerged lands. 6217 Authorizes the funding of research projects pertaining to ocean resource management under the National Sea Grant College and Program Act. 6226 Authorizes the State Lands. Commission to conduct research and investigation into natural and manmade seeps of oil, gas, and other hydrocarbon products occurring offshore which contribute to the pollution of beaches, tidelands, and submerged lands. Chapter 3.4 (commencing The California Coastal Sanctuary with Sec. 6240) Act and of 1992 creates a Chapter 3.5 (commencing California Coastal Sanctuary in with Sec. 6250), Pt. 1, specified state waters and Div. 6 prohibits the state, except certain defined instances, for entering into any new lease for the extraction of oil or gas from the sanctuary. Chapter 4 (commencing Grants the State Lands Commission with Sec. 6301), Pt. 1, exclusive jurisdiction over, and Div. 6 provides for the administration and regulation of, all ungranted tide and submerged lands state- owned. Authorizes the commission to act on behalf of the state pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. Sec. 1336 et. seq.), to regulate the deposit, removal, or extraction of material from state waters, the construction or alteration of any structures, beach erosion, salvage operations, and to establish the ordinary high-water mark and the ordinary low water mark. Chapter 4.5 (commencing Directs the State Lands Commission with Sec. 6370), Pt. 1, to inventory state-owned tide and Div. 6 submerged lands to identify significant environmental values and requires the commission to adopt regulations to protect those lands. Chapter 5 (commencing Provides that all oil, gas, oil with Sec. 6401), Pt. 1, shale, coal, phosphate, sodium, Div. 6 gold, silver, and all other mineral deposits in public lands belonging to the state, including tidal and submerged lands, are reserved to the state, to be administered and managed by the State Lands commission. Article 4 (commencing Restricts leasing by any entity with Sec. 6870), Ch. 3, other than the State Lands Pt. 2, Div. 6 Commission of state-owned tide and submerged lands for the purpose of extracting oil and gas. Regulates the terms and conditions under which the State Lands Commission may enter into these leases. Prohibits the State Lands Commission from entering into any lease for the extraction of oil and gas from state-owned tide and submerged lands within prescribed areas of the California coast. Article 5 (commencing Authorizes the State Lands with Sec. 6890), Ch. 3, Commission to issue prospecting Pt. 2, Div. 6 permits and leases for the extraction and removal of minerals,, other than oil and gas or other hydrocarbon substances, from stateowned tide and submerged lands, subject to the approval of the Attorney General. Article 5.5 (commencing Authorizes the State Lands with Sec. 6901), Ch. 3, Commission to issue prospecting Pt. 2, Div. 6 permits and leases for the exploration and development of geothermal resources on state-owned tide and submerged lands. 7991 Prohibits the sale or grant of tidelands within the jurisdiction of the state. Division 7.8 (commencing Establishes the Lempert-Keene- with Sec. 8750) Seastrand Oil Spill Prevention and Response Act and creates a statutory framework for the prevention, removal, abatement, response, containment, and cleanup of oil spills in marine waters of the state. Division 20 (commencing The California Coastal Act of 1976 with Sec. 30000) implements Californials coastal zone management program as required by the Federal Coastal Zone Management Act of 1972 and regulates public access, recreation, marine resources, land resources, and development within the coastal zone. Creates and designates the California Coastal Commission as the primary state coastal zone planning and management agency. Requires each local government, or the commission on behalf of the local government lying, in whole or in part, within the coastal zone, to prepare a local coastal program that portion of the coastal zone within its jurisdiction. Division 20.5 (commencing Directs the Secretary of the with Sec. 30950) Resources Agency to initiate a comprehensive, long-range planning process for the use of ocean waters offshore of California. Division 21 (commencing Establishes the California Coastal with Sec. 31000) Conservancy with authority for implementing a program of agricultural protection, area restoration, and resource enhancement in the coastal zone. Division 25 (commencing The Coastal Resources and Energy with Sec. 35000) Assistance Act provides financial and technical assistance to coastal counties and coastal cities to be used for purposes of planning, assessment, mitigation, permitting, monitoring, and enforcement, public services and facilities, and for other activities related to federal and state offshore energy development. Authorizes the Department of Fish and Game to expand existingactivities or initiate new activities in its marine resources program with respect to offshore oil spills and research on the effects of seismic testing on fish populations. Division 27 (commencing The California Ocean Resources with Sec. 36000) Management Act of 1990 establishes the California Ocean Resources Management Program for the purpose of developing a coordinated program of ocean resources planning and management. Creates the Ocean Resources Task Force and the California Ocean Resources Advisory Committee, and directs the task force, subject to review by the advisory committee, to prepare a report regarding existing ocean resources management activities and impacts, including a plan to increase coordination and consolidation of these activities. WATER CODE Section Number Topic Chapter 9 (commencing The Cobey-Porter Saline Water with Sec. 12945), Pt. 6, Conversion Law authorizes the Div. 6 Department of Water Resources to oversee the development of saline water conversion facilities. 13142.4 Establishes state water policy for coastal marine environment. Article 3 (commencing Prescribes regional water quality with Sec. 13240) and control plans and waste discharge Article 4 (commencing requirements. with Sec. 13260), Ch. 4, Div. 7 Chapter 5.6 (commencing Directs the State Water Resources with Sec. 13390), Div. 7 Control Board to formulate and adopt a water quality control plan for enclosed bays and estuaries, to be known as the California Enclosed Bays and Estuaries Plan. Requires the state board and the California regional water quality control boards to develop a comprehensive management program to identify and clean up toxic hot spots in the ocean, enclosed bays, and estuaries. Requires the state board, with certain exceptions, to impose a fee on point and nonpoint dischargers to the ocean, enclosed bays, and estuaries. Chapter 12.2 (commencing Prohibits discharges from the San with Sec. 13953), Div. 7 Joaquin Valley agricultural drain to prescribed coastal waters. Chapter 24 (commencing The Shellfish Protection Act of 1993 with Sec. 14950), Div. 7 requires the regional water quality control boards, if a commercial shellfish growing area is determined to be threatened, to form a technical advisory committee. Requires the technical advisory committees to advise and assist the regional water quality control boards in developing an investigation and remediation strategy. Requires the regional water quality control boards to order appropriate remedial action to abate the pollution affecting the commercial shellfish growing area. 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