BILL NUMBER: AB 1770 CHAPTERED 09/29/03 CHAPTER 610 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2003 APPROVED BY GOVERNOR SEPTEMBER 29, 2003 PASSED THE ASSEMBLY SEPTEMBER 9, 2003 PASSED THE SENATE SEPTEMBER 8, 2003 AMENDED IN SENATE SEPTEMBER 3, 2003 AMENDED IN ASSEMBLY JUNE 2, 2003 AMENDED IN ASSEMBLY MAY 14, 2003 AMENDED IN ASSEMBLY APRIL 28, 2003 INTRODUCED BY Committee on Water, Parks and Wildlife (Canciamilla (Chair), Berg, Corbett, Daucher, Frommer, Goldberg, Shirley Horton, Kehoe, Matthews, Parra, Pavley, and Wolk) MARCH 11, 2003 An act to amend Sections 206, 207, 208, 857, 1590, 1591, 2003, 2250, and 8282 of, to add Sections 6950.5, 6951, and 6957 to, and to repeal Article 3 (commencing with Section 6430) of Chapter 5 of, the Fish and Game Code, and to amend Sections 538, 5001.4, 5001.65, 5003.1, 5019.50, 5019.56, 5019.80, 36602, 36620, 36700, 36710, and 36725 of, and to add Section 36711 to, the Public Resources Code, and to amend Section 9 of Chapter 517 of the Statutes of 2002, relating to resources, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 1770, Committee on Water, Parks and Wildlife. Fish and Game Commission: marine resources. (1) Existing law requires the Fish and Game Commission to hold meetings in odd-numbered years for the purpose of considering and adopting revisions to regulations relating to fish, amphibia, and reptiles, even-numbered years for regulations relating to mammals, and even-numbered years for regulations relating to resident game birds. This bill would instead require the commission to hold those meetings at least once every 3 years. (2) Existing law prohibits the offering of any price or other inducement as a reward for the taking of any game birds, mammals, fish, reptiles, or amphibia in an individual contest, tournament, or derby. Existing law authorizes the department to issue a permit, for a fee, to any person authorizing the offering of a prize or other inducement, however, if it finds that there would be no detriment to the resource. Existing law authorizes the department to waive the fee for persons under the age of 16 or the physically or mentally challenged, if the total value of all the prizes or other inducements does not exceed $500. Existing law also authorizes the department to issue an annual permit that covers all contests, tournaments, or derbies in a calendar year if on each occasion the number of participants is less than 50 and the total value of the prizes or other inducements does not exceed $1,000, and to issue an event permit that covers each contest, tournament or derby where either the number of participants exceeds 50 or the total value of the prizes or other inducements exceeds $1,000. This bill would repeal those permit provisions, and would instead authorize a permit to be issued if the department finds that there would be no detriment to the resource, and if the total value of all prizes and other inducements is less than $500 for each contest, tournament, and derby. (3) Existing law prohibits the importation, transportation into, or possession of any live muskrat in the region west of the Cascade-Sierra Nevada mountain system, and west and south of the Tehachapi, Liebre, San Gabriel, San Bernardino, San Jacinto, Cuyamaca, and connected mountains south to the international boundary, or in any watershed tributary to or draining into the Pacific Ocean, except the drainage basin of the Klamath River, and prohibits the importation or transportation of live muskrats into any part of California outside that region, except under permit issued by the department. This bill would instead prohibit the importation, transportation, or possession of any live muskrat in the state, except under permit by the department or otherwise authorized by law. The bill would authorize a county agricultural commissioner, fish and game deputy, or state quarantine officer to enter upon the lands or waters in those areas in which existing law prohibits the importation, transportation into, or possession of live muskrats to remove or destroy muskrats. (4) Existing law requires the department to work cooperatively with the State Lands Commission and the State Water Resources Control Board to implement the Ballast Water Management Program, which, with certain exceptions, requires the master, operator, or person in charge of a vessel to employ prescribed ballast water management practices for ballast water carried into the waters of the state from areas outside the exclusive economic zone, as defined. Existing law provides for the repeal of these provisions on January 1, 2004. This bill would renumber the location of those provisions in existing law, and would delete the repeal date, thereby extending those provisions indefinitely. (5) Existing law establishes the Marine Managed Areas Improvement Act, which, among other things, prescribes 6 classifications for designating managed areas in the marine and estuarine environments to ensure the long-term ecological viability and biological productivity of marine ecosystems and to preserve cultural resources in the coastal sea. Existing law specifies that throughout the act, and in references to the act, the term "marine (estuarine)" means that either the word "marine" or "estuarine" is to be used, as appropriate for the geographic area being designated. This bill would revise that terminology throughout the act and in references to the act, to delete the term "(estuarine)" and would specify that the word "marine" refers to both marine and estuarine areas. (6) Existing law requires the Resources Agency and the Technology, Trade, and Commerce Agency, in consultation with the Imperial Irrigation District, Imperial County, and any other entities, organizations, and individuals deemed appropriate by the secretaries of those 2 agencies, to review and report to the Governor and the Legislature, on or before June 30, 2003, on matters pertaining to the implementation of the Salton Sea Quantification Settlement Agreement. This bill would extend the deadline for that review and report to January 30, 2005. (7) Existing law continuously appropriates money in the Fish and Game Preservation Fund to the department and to the commission to pay all necessary expenses incurred in carrying out the Fish and Game Code and to pay the compensation and expenses of the commissioners and employees of the commission. By imposing additional duties on the department, and by increasing revenues in a continuously appropriated fund, this bill would make an appropriation. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 206 of the Fish and Game Code is amended to read: 206. (a) In addition to, or in conjunction with, other regular or special meetings the commission shall, at least every three years, hold meetings in the first 10 days of August, October, November, and December for the purpose of considering and adopting revisions to regulations relating to fish, amphibians, and reptiles. The commission shall alternate the locations of the August and December meetings between Los Angeles or Long Beach and Sacramento, and the October and November meetings between San Diego and Redding or Red Bluff. (b) At the August meeting, the commission shall receive recommendations for regulations from its own members and staff, the department, other public agencies, and the public. (c) At the October and November meetings, the commission shall devote time for open public discussion of proposed regulations presented at the August meeting. The department shall participate in this discussion by reviewing and presenting its findings regarding each regulation proposed by the public and by responding to objections raised pertaining to its proposed regulations. After considering the public discussion, the commission shall announce, prior to adjournment of the November meeting, the regulations it intends to add, amend, or repeal relating to fish, amphibia, and reptiles. (d) At the December meeting, the commission may choose to hear additional public discussion regarding the regulations it intends to adopt. At, or within 20 days after, the meeting, the commission shall add, amend, or repeal regulations relating to any recommendation received at the August meeting regarding fish, amphibia, and reptiles it deems necessary to preserve, properly utilize, and maintain each species or subspecies. (e) Within 45 days after adoption, the department shall publish and distribute regulations adopted pursuant to this section. SEC. 2. Section 207 of the Fish and Game Code is amended to read: 207. (a) In addition to, or in conjunction with, other regular or special meetings, the commission shall hold meetings in the first 10 days of the months of February, March, and April at least once every three years for the purpose of considering and adopting revisions to regulations relating to mammals. The commission shall alternate the location of the February meeting between Sacramento and Los Angeles or Long Beach. The commission shall alternate the location of the March meeting between San Diego and Redding or Red Bluff. The commission shall alternate the location of the April meeting between Sacramento and Los Angeles or Long Beach. (b) At the February meeting, the commission shall receive recommendations for regulations from its own members and staff, the department, other public agencies, and the public. (c) At the March meeting, the commission shall devote time for open public discussion of proposed regulations presented at the February meeting. The department shall participate in this discussion by reviewing and presenting its findings regarding each regulation proposed by the public and by responding to objections raised pertaining to its proposed regulations. After considering the public discussion, the commission shall announce, prior to adjournment of the March meeting, the regulations it intends to add, amend, or repeal relating to mammals. (d) At, or within 20 days after, the April meeting, the commission may choose to hear additional public discussion regarding the regulations it intends to adopt. At, or within 20 days after, the meeting, the commission shall add, amend, or repeal regulations relating to any recommendations received at the February meeting regarding mammals that it deems necessary to preserve, properly utilize, and maintain each species or subspecies. (e) Within 45 days after adoption, the department shall publish and distribute regulations adopted pursuant to this section. SEC. 3. Section 208 of the Fish and Game Code is amended to read: 208. (a) In addition to, or in conjunction with, other regular or special meetings, the commission shall hold meetings in June and August at least once every three years for the purpose of considering and adopting revisions to regulations relating to resident game birds. (b) At the June meeting, the commission shall receive recommendations for regulations from its own members and staff, the department, other public agencies, and the public. (c) At, or within 20 days after, the August meeting, the commission shall devote time for open public discussion of proposed regulations presented at the June meeting. The department shall participate in this discussion by reviewing and presenting its findings regarding each regulation proposed by the public and by responding to objections raised pertaining to its proposed regulations. After considering the public discussion, the commission, at, or within 20 days after, the August meeting, shall add, amend, or repeal regulations relating to any recommendation received at the June meeting regarding resident game birds that it deems necessary to preserve, properly utilize, and maintain each species or subspecies. (d) Within 45 days after adoption, the department shall publish and distribute regulations adopted pursuant to this section. SEC. 4. Section 857 of the Fish and Game Code is amended to read: 857. (a) Notwithstanding any other provision of law, the status of a person as an employee, agent, or licensee of the department does not confer upon that person a special right or privilege to knowingly enter private land without either the consent of the owner or a search warrant, an inspection warrant. (b) (1) Subdivision (a) does not apply to employees, agents, or licensees of the department in the event of an emergency. For purposes of this section, "emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger demanding immediate action to prevent or mitigate loss of, or damage to, wildlife, wildlife resources, or wildlife habitat. (2) Subdivision (a) does not apply to a sworn peace officer authorized pursuant to subdivision (e) of Section 830.2 of the Penal Code or, if necessary for law enforcement purposes, to other departmental personnel accompanying a sworn peace officer. Subdivision (a) shall not be construed to define or alter any authority conferred on those peace officers by any other law or court decision. (3) Subdivision (a) does not apply to, or interfere with, the authority of employees or licensees to enter and inspect land in conformance with Section 4604 of the Public Resources Code. This section is not intended to expand or constrain the authority, if any, of employees, agents, or licensees of the department to enter private land to conduct inspections pursuant to Section 7702 of this code or Section 8670.5, 8670.7, or 8670.10 of the Government Code. (c) If the department conducts a survey or evaluation of private land that results in the preparation of a document or report, the department shall, upon request and without undue delay, provide either a copy of the report or a written explanation of the department's legal authority for denying the request. The department may charge a fee for each copy, not to exceed the direct costs of duplication. SEC. 5. Section 1590 of the Fish and Game Code is amended to read: 1590. The commission may designate, delete, or modify state marine recreational management areas established by the commission for hunting purposes, state marine reserves, and state marine conservation areas, as delineated in subdivision (a) of Section 36725 of the Public Resources Code. The commission shall consult with, and secure concurrence from, the State Park and Recreation Commission prior to modifying or deleting marine reserves and marine conservation areas designated by the State Park and Recreation Commission. The commission shall not delete or modify state marine recreational management areas designated by the State Park and Recreation Commission. SEC. 6. Section 1591 of the Fish and Game Code is amended to read: 1591. (a) The Marine Managed Areas Improvement Act (Chapter 7 (commencing with Section 36600) of Division 27 of the Public Resources Code) establishes a uniform classification system for state marine managed areas and is incorporated herein by reference. Any proposals for marine protected areas made after January 1, 2002, shall follow the guidelines set forth in that act. Pursuant to Section 36750 of the Public Resources Code, all marine protected areas in existence and not reclassified in accordance with the Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3) on January 1, 2002, shall be reclassified by the State Interagency Coordinating Committee established pursuant to Section 36800 of the Public Resources Code into one of the following classifications: (1) State marine reserve. (2) State marine park. (3) State marine conservation area. (b) State marine recreational management areas established by the commission for hunting purposes, state marine reserves, and state marine conservation areas shall be designated, deleted, or modified by the commission pursuant to that act. The restrictions and allowable uses applicable to those areas are as set forth in that act. SEC. 7. Section 2003 of the Fish and Game Code is amended to read: 2003. (a) Except as specified in subdivisions (b) and (c), it is unlawful to offer any prize or other inducement as a reward for the taking of any game birds, mammals, fish, reptiles, or amphibians in an individual contest, tournament, or derby. (b) The department may issue a permit to any person authorizing that person to offer a prize or other inducement as a reward for the taking of any game fish, as defined by the commission by regulation, if it finds that there would be no detriment to the resource. The permit is subject to regulations adopted by the commission. The application for the permit shall be accompanied by a fee in the amount determined by the department as necessary to cover the reasonable administrative costs incurred by the department in issuing the permit. However, the department may waive the permit fee if the contest, tournament, or derby is for persons under the age of 16 years, or who are physically or mentally challenged, the primary purpose of the contest, tournament, or derby is to introduce young anglers to, or educate them about fishing. All permits for which the fee is waived pursuant to this subdivision shall comply with all other requirements set forth in this section. (c) This section does not apply to any person conducting what are generally known as frog-jumping contests or fish contests conducted in waters of the Pacific Ocean. SEC. 8. Section 2250 of the Fish and Game Code is amended to read: 2250. It is unlawful to import or transport into or possess any live muskrat (genus Ondatra) in California except under permit issued by the department pursuant to Section 2118, or as otherwise provided by law. A county agricultural commissioner, fish and game deputy, or state plant quarantine officer may enter upon lands or waters west of the crest of the Cascade-Sierra Nevada mountain system, and west and south of the Tehachapi, Liebre, San Gabriel, San Bernadino, San Jacinto, Cuyamaca, and connected mountains south to the international boundary, or in any watershed tributary to, or draining into, the Pacific Ocean to remove or destroy the muskrats. SEC. 9. Article 3 (commencing with Section 6430) of Chapter 5 of the Fish and Game Code is repealed. SEC. 10. Section 6950.5 is added to the Fish and Game Code, to read: 6950.5. "Aquatic nuisance species" means a nonindigenous species that threatens the viability or abundance of a native species, the ecological stability of waters inhabited by those species, or the viability of commercial, agricultural, aquacultural, or recreational activities that depend on those waters. SEC. 11. Section 6951 is added to the Fish and Game Code, to read: 6951. The Legislature finds and hereby declares that the state's sport and commercial fisheries are resources of great economic and recreational importance. These resources are threatened by the introduction of aquatic organisms from foreign ports brought in by means of the ballast water of freighters and tankers. Several planktonic and benthic organisms, at least one of which is associated with the decline of an important striped bass food organism in the Sacramento-San Joaquin Estuary, have been introduced into the waters of the state with negative consequences. The introduction of eastern cordgrass into Humboldt Bay and many estuaries along the Pacific Coast has created a variety of problems. The introduction of harmful, nonindigenous organisms is occurring in other estuarine and coastal areas all along the West Coast, and has already taken place in other regions of the United States, including, but not limited to, the Great Lakes, with consequent harm to fisheries and ecosystems. Furthermore, ballast water may contain viruses and bacteria, and has, therefore, been recognized by the International Maritime Organization as a possible method of introducing diseases harmful to indigenous human, animal, and plant life. The Legislature therefore declares that the people of the state have a primary interest in the regulation of the dumping of ballast water originating in foreign ports in any river, estuary, bay, or coastal area of this state. SEC. 12. Section 6957 is added to the Fish and Game Code, to read: 6957. The department shall work cooperatively with the State Lands Commission and the State Water Resources Control Board to implement the Ballast Water Management Program established pursuant to Division 36 (commencing with Section 71200) of the Public Resources Code. SEC. 13. Section 8282 of the Fish and Game Code is amended to read: 8282. (a) Subject to this article and Article 1 (commencing with Section 9000) of Chapter 4, and subject to the regulation of the commission authorized under subdivision (c), rock crab may be taken in traps in any waters of the state at any time, except in Districts 9, 19A, 19B, and 21 and those portions of District 20 lying on the north and east sides of Santa Catalina Island north of Southeast Rock. Rock crab (Cancer antennarius), red crab (Cancer productus), or yellow crab (Cancer anthonyi), which is less than 41/4 inches, measured in a straight line through the body, from edge of shell to edge of shell at the widest part, shall not be taken, possessed, bought, or sold. (b) Any person taking rock crab shall carry a measuring device and shall measure any rock crab immediately upon removal from the trap. If the person determines that the rock crab is undersize, the person shall return it to the water immediately. (c) Upon the recommendation of the director regarding rock crab fishery management measures, and following a public hearing on the matter, the commission may adopt regulations to manage the rock crab resource consistent with Part 1.7 (commencing with Section 7050). SEC. 14. Section 538 of the Public Resources Code is amended to read: 538. The commission may designate, delete, or modify state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas, as delineated in subdivision (b) of Section 36725. The commission may not designate, delete, or modify a state marine reserve, state marine park, or state marine conservation area without the concurrence of the Fish and Game Commission on any proposed restrictions upon, or change in, the use of living marine resources. SEC. 15. Section 5001.4 of the Public Resources Code is amended to read: 5001.4. The department may manage state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, state marine recreational management areas and, if requested by the State Water Resources Control Board, state water quality protection areas. Department authority over units within the state park system shall extend to units of the state MMAs system that are managed by the department. SEC. 16. Section 5001.65 of the Public Resources Code is amended to read: 5001.65. Commercial exploitation of resources in units of the state park system is prohibited. However, slant or directional drilling for oil or gas with the intent of extracting deposits underlying the Tule Elk State Reserve in Kern County is permissible in accordance with Section 6854. Commercial fishing is permissible, unless otherwise restricted, in state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas. Qualified institutions and individuals shall be encouraged to conduct nondestructive forms of scientific investigation within state park system units, upon receiving prior approval of the director. The taking of mineral specimens for recreational purposes from state beaches, state recreation areas, or state vehicular recreation areas is permitted upon receiving prior approval of the director. SEC. 17. Section 5003.1 of the Public Resources Code is amended to read: 5003.1. The Legislature finds and declares that it is in the public interest to permit hunting, fishing, swimming, trails, camping, campsites, and rental vacation cabins in certain state recreation areas, or portions thereof, when it is found by the State Park and Recreation Commission that multiple use of state recreation areas would not threaten the safety and welfare of other state recreation area users. Hunting shall not be permitted in any unit now in the state park system and officially opened to the public on or before June 1, 1961, or in any unit hereafter acquired and designated by the commission as a state park, state marine reserve, state marine park, state reserve, state marine conservation area, or state marine cultural preservation area, and may only be permitted in new recreational areas and state marine recreational management areas that are developed for that use. Whenever hunting or fishing is permitted in a state recreation area or state marine recreational management area, and whenever fishing is permitted in a state park, state marine park, state marine cultural preservation area, or state marine conservation area, the Department of Fish and Game shall enforce hunting and fishing laws and regulations as it does elsewhere in the state. SEC. 18. Section 5019.50 of the Public Resources Code is amended to read: 5019.50. All units that are or shall become a part of the state park system, except those units or parts of units designated by the Legislature as wilderness areas pursuant to Chapter 1.3 (commencing with Section 5093.30), or where subject to any other provision of law, including Section 5019.80 and Article 1 (commencing with Section 36600) of Chapter 7 of Division 27, shall be classified by the State Park and Recreation Commission into one of the categories specified in this article. Classification of state marine reserves, state marine parks, and state marine conservation areas, requires the concurrence of the Fish and Game Commission for restrictions to be placed upon the use of living marine resources. SEC. 19. Section 5019.56 of the Public Resources Code is amended to read: 5019.56. State recreation units consist of areas selected, developed, and operated to provide outdoor recreational opportunities. The units shall be designated by the commission by naming, in accordance with Article 1 (commencing with Section 5001) and this article relating to classification. In the planning of improvements to be undertaken within state recreation units, consideration shall be given to compatibility of design with the surrounding scenic and environmental characteristics. State recreation units may be established in the terrestrial or nonmarine aquatic (lake or stream) environments of the state and shall be further classified as one of the following types: (a) State recreation areas, consisting of areas selected and developed to provide multiple recreational opportunities to meet other than purely local needs. The areas shall be selected for their having terrain capable of withstanding extensive human impact and for their proximity to large population centers, major routes of travel, or proven recreational resources such as manmade or natural bodies of water. Areas containing ecological, geological, scenic, or cultural resources of significant value shall be preserved within state wildernesses, state reserves, state parks, or natural or cultural preserves, or, for those areas situated seaward of the mean high tide line, shall be designated state marine reserves, state marine parks, state marine conservation areas, or state marine cultural preservation areas. Improvements may be undertaken to provide for recreational activities, including, but not limited to, camping, picnicking, swimming, hiking, bicycling, horseback riding, boating, waterskiing, diving, winter sports, fishing, and hunting. Improvements to provide for urban or indoor formalized recreational activities shall not be undertaken within state recreation areas. (b) Underwater recreation areas, consisting of areas in the nonmarine aquatic (lake or stream) environment selected and developed to provide surface and subsurface water-oriented recreational opportunities, while preserving basic resource values for present and future generations. (c) State beaches, consisting of areas with frontage on the ocean, or bays designed to provide swimming, boating, fishing, and other beach-oriented recreational activities. Coastal areas containing ecological, geological, scenic, or cultural resources of significant value shall be preserved within state wildernesses, state reserves, state parks, or natural or cultural preserves, or, for those areas situated seaward of the mean high tide line, shall be designated state marine reserves, state marine parks, state marine conservation areas, or state marine cultural preservation areas. (d) Wayside campgrounds, consisting of relatively small areas suitable for overnight camping and offering convenient access to major highways. SEC. 20. Section 5019.80 of the Public Resources Code is amended to read: 5019.80. (a) The Marine Managed Areas Improvement Act (Chapter 7 (commencing with Section 36600) of Division 27) establishes a uniform classification system for state marine managed areas and is incorporated herein by reference. Any proposals for marine managed areas made after January 1, 2002, shall follow the guidelines set forth in that act. Pursuant to Section 36750, existing marine or estuarine areas within units of the state park system that have not been reclassified in accordance with the Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3 of the Fish and Game Code) on January 1, 2002, shall be reclassified by the State Interagency Coordinating Committee into one of the following classifications: (1) State marine reserve. (2) State marine park. (3) State marine conservation area. (4) State marine cultural preservation area. (5) State marine recreational management area. (b) The process for establishing, deleting, or modifying state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas shall be established pursuant to that act. The restrictions and allowable uses applicable to those areas are as set forth in that act. SEC. 21. Section 36602 of the Public Resources Code is amended to read: 36602. The following definitions govern the construction of this chapter: (a) "Committee" is the State Interagency Coordinating Committee established pursuant to Section 36800. (b) "Designating entity" is the Fish and Game Commission, State Park and Recreation Commission, or State Water Resources Control Board, each of which has the authority to designate specified state marine managed areas. (c) "Managing agency" is the Department of Fish and Game or the Department of Parks and Recreation, each of which has the authority to manage specified state marine managed areas. (d) "Marine managed area" (MMA) is a named, discrete geographic marine or estuarine area along the California coast designated by law or administrative action, and intended to protect, conserve, or otherwise manage a variety of resources and their uses. The resources and uses may include, but are not limited to, living marine resources and their habitats, scenic views, water quality, recreational values, and cultural or geological resources. General areas that are administratively established for recreational or commercial fishing restrictions, such as seasonal or geographic closures or size limits, are not included in this definition. MMAs include the following classifications: (1) State marine reserve, as defined in subdivision (a) of Section 36700. (2) State marine park, as defined in subdivision (b) of Section 36700. (3) State marine conservation area, as defined in subdivision (c) of Section 36700. (4) State marine cultural preservation area, as defined in subdivision (d) of Section 36700. (5) State marine recreational management area, as defined in subdivision (e) of Section 36700. (6) State water quality protection areas, as defined in subdivision (f) of Section 36700. (e) "Marine protected area" (MPA), consistent with the Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3 of the Fish and Game Code) is a named, discrete geographic marine or estuarine area seaward of the mean high tide line or the mouth of a coastal river, including any area of intertidal or subtidal terrain, together with its overlying water and associated flora and fauna that has been designated by law or administrative action to protect or conserve marine life and habitat. MPAs are primarily intended to protect or conserve marine life and habitat, and are therefore a subset of marine managed areas (MMAs). MPAs include the following classifications: (1) State marine reserve, as defined in subdivision (a) of Section 36700. (2) State marine park, as defined in subdivision (b) of Section 36700. (3) State marine conservation area, as defined in subdivision (c) of Section 36700. SEC. 22. Section 36620 of the Public Resources Code is amended to read: 36620. The mission of the state MMA system is to ensure the long-term ecological viability and biological productivity of marine and estuarine ecosystems and to preserve cultural resources in the coastal sea, in recognition of their intrinsic value and for the benefit of current and future generations. In support of this mission, the Legislature finds and declares that there is a need to reexamine and redesign California's array of MMAs, to establish and manage a system using science and clear public policy directives to achieve all of the following objectives: (a) Conserve representative or outstanding examples of marine and estuarine habitats, biodiversity, ecosystems, and significant natural and cultural features or sites. (b) Support and promote marine and estuarine research, education, and science-based management. (c) Help ensure sustainable uses of marine and estuarine resources. (d) Provide and enhance opportunities for public enjoyment of natural and cultural marine and estuarine resources. SEC. 23. Section 36700 of the Public Resources Code is amended to read: 36700. Six classifications for designating managed areas in the marine and estuarine environments are hereby established as described in this section, to become effective January 1, 2002. Where the term "marine" is used, it refers to both marine and estuarine areas. A geographic area may be designated under more than one classification. (a) A "state marine reserve" is a nonterrestrial marine or estuarine area that is designated so the managing agency may achieve one or more of the following: (1) Protect or restore rare, threatened, or endangered native plants, animals, or habitats in marine areas. (2) Protect or restore outstanding, representative, or imperiled marine species, communities, habitats, and ecosystems. (3) Protect or restore diverse marine gene pools. (4) Contribute to the understanding and management of marine resources and ecosystems by providing the opportunity for scientific research in outstanding, representative, or imperiled marine habitats or ecosystems. (b) A "state marine park" is a nonterrestrial marine or estuarine area that is designated so the managing agency may provide opportunities for spiritual, scientific, educational, and recreational opportunities, as well as one or more of the following: (1) Protect or restore outstanding, representative, or imperiled marine species, communities, habitats, and ecosystems. (2) Contribute to the understanding and management of marine resources and ecosystems by providing the opportunity for scientific research in outstanding representative or imperiled marine habitats or ecosystems. (3) Preserve cultural objects of historical, archaeological, and scientific interest in marine areas. (4) Preserve outstanding or unique geological features. (c) A "state marine conservation area" is a nonterrestrial marine or estuarine area that is designated so the managing agency may achieve one or more of the following: (1) Protect or restore rare, threatened, or endangered native plants, animals, or habitats in marine areas. (2) Protect or restore outstanding, representative, or imperiled marine species, communities, habitats, and ecosystems. (3) Protect or restore diverse marine gene pools. (4) Contribute to the understanding and management of marine resources and ecosystems by providing the opportunity for scientific research in outstanding, representative, or imperiled marine habitats or ecosystems. (5) Preserve outstanding or unique geological features. (6) Provide for sustainable living marine resource harvest. (d) A "state marine cultural preservation area" is a nonterrestrial marine or estuarine area designated so the managing agency may preserve cultural objects or sites of historical, archaeological, or scientific interest in marine areas. (e) A "state marine recreational management area" is a nonterrestrial marine or estuarine area designated so the managing agency may provide, limit, or restrict recreational opportunities to meet other than exclusively local needs while preserving basic resource values for present and future generations. (f) A "state water quality protection area" is a nonterrestrial marine or estuarine area designated to protect marine species or biological communities from an undesirable alteration in natural water quality, including, but not limited to, areas of special biological significance that have been designated by the State Water Resources Control Board through its water quality control planning process. SEC. 24. Section 36710 of the Public Resources Code is amended to read: 36710. (a) 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 managing agency for research, restoration, or monitoring purposes. While, to the extent feasible, the area shall be open to the public for managed enjoyment and study, the area shall be maintained to the extent practicable in an undisturbed and unpolluted state. Access and use for activities including, but not limited to, walking, swimming, boating, and diving may be restricted to protect marine resources. Research, restoration, and monitoring may be permitted by the managing agency. Educational activities and other forms of nonconsumptive human use may be permitted by the designating entity or managing agency in a manner consistent with the protection of all marine resources. (b) In a state marine park, it is unlawful to injure, damage, take, or possess any living or nonliving marine resource for commercial exploitation purposes. Any human use that would compromise protection of the species of interest, natural community or habitat, or geological, cultural, or recreational features, may be restricted by the designating entity or managing agency. All other uses are allowed, including scientific collection with a permit, research, monitoring, and public recreation, including recreational harvest, unless otherwise restricted. Public use, enjoyment, and education are encouraged, in a manner consistent with protecting resource values. (c) 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, that the designating entity or managing agency determines would compromise protection of the species of interest, natural community, habitat, or geological features. The designating entity or managing agency may permit research, education, and recreational activities, and certain commercial and recreational harvest of marine resources. (d) In a state marine cultural preservation area, it is unlawful to damage, take, or possess any cultural marine resource. Complete integrity of the cultural resources shall be sought, and no structure or improvements that conflict with that integrity shall be permitted. No other use is restricted. (e) In a state marine recreational management area, it is unlawful to perform any activity that, as determined by the designating entity or managing agency, would compromise the recreational values for which the area may be designated. Recreational opportunities may be protected, enhanced, or restricted, while preserving basic resource values of the area. No other use is restricted. (f) In a state water quality protection area, point source waste and thermal discharges shall be prohibited or limited by special conditions. Nonpoint source pollution shall be controlled to the extent practicable. No other use is restricted. SEC. 25. Section 36711 is added to the Public Resources Code, to read: 36711. The classifications contained in Section 36710 may not be inconsistent with United States military activities deemed mission critical by the United States military. SEC. 26. Section 36725 of the Public Resources Code is amended to read: 36725. (a) The Fish and Game Commission may designate, delete, or modify state marine recreational management areas established by the commission for hunting purposes, state marine reserves, and state marine conservation areas. The Fish and Game Commission shall consult with, and secure concurrence from, the State Park and Recreation Commission prior to modifying or deleting state marine reserves and state marine conservation areas designated by the State Park and Recreation Commission. The Fish and Game Commission shall not delete or modify state marine recreational management areas designated by the State Park and Recreation Commission. (b) The State Park and Recreation Commission may designate, delete, or modify state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas. The State Park and Recreation Commission may not designate, delete, or modify a state marine reserve, state marine park, or state marine conservation area without the concurrence of the Fish and Game Commission on any proposed restrictions upon, or change in, the use of living marine resources. (c) If an unresolved conflict exists between the Fish and Game Commission and the State Park and Recreation Commission regarding a state marine reserve, state marine park, or state marine conservation area, the Secretary of the Resources Agency may reconcile the conflict. (d) The State Water Resources Control Board may designate, delete, or modify state water quality protection areas. (e) The Fish and Game Commission, State Park and Recreation Commission, and State Water Resources Control Board each may restrict or prohibit recreational uses and other human activities in the MMAs for the benefit of the resources therein, except in the case of restrictions on the use of living marine resources. Pursuant to this section, and consistent with Section 2860 of the Fish and Game Code, the Fish and Game Commission may regulate commercial and recreational fishing and any other taking of marine species in MMAs. (f) (1) The Department of Fish and Game may manage state marine reserves, state marine conservation areas, state marine recreational management areas established for hunting purposes and, if requested by the State Water Resources Control Board, state water quality protection areas. (2) The Department of Parks and Recreation may manage state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas. Department authority over units within the state park system shall extend to units of the state MMAs system that are managed by the department. (3) The State Water Resources Control Board and the California regional water quality control boards may take appropriate actions to protect state water quality protection areas. The State Water Resources Control Board may request the Department of Fish and Game or the Department of Parks and Recreation to take appropriate management action. SEC. 27. Section 9 of Chapter 517 of the Statutes of 2002 is amended to read: Sec. 9. (a) The Resources Agency and the Technology, Trade, and Commerce Agency, in consultation with the Imperial Irrigation District, Imperial County, and any other entities, organizations, and individuals deemed appropriate by the secretaries of those two agencies, shall review and report to the Governor and the Legislature, on or before June 30, 2005, on all of the following: (1) The expected nature and extent of any economic impacts related to the use of land fallowing in the Imperial Valley in connection with the Quantification Settlement Agreement, as defined in subdivision (a) of Section 1. (2) Measures taken by the Imperial Irrigation District in formulating a fallowing program to minimize as far as practicable those economic impacts. (3) Whether and to what extent funds provided to the Imperial Irrigation District for transferred water under the Quantification Settlement Agreement, together with any other funds that have been made available for these purposes would mitigate those economic impacts. (4) The amount of any additional funds required to mitigate the economic impacts. (b) If the report required under this section indicates that additional funds are required, the report shall include recommendations to the Governor and the Legislature on all of the following: (1) Proposed means for providing those additional funds, including, but not limited to, funding by the state. (2) Formulation of a program to administer those funds in the most effective manner. The program shall be developed in consultation with the Departments of Finance, Food and Agriculture, and Water Resources, with the Imperial Irrigation District, and with any other entities deemed appropriate by the secretaries of the two agencies.