California Constitution Article X B - Marine Resources Protection Act of 1990 [Sections 1 - 16]
California Constitution – Article X B: Marine Resources Protection Act of 1990 (Sections 1–16)
🔹 Overview:
Article X B was added to the California Constitution by voters through Proposition 132 in 1990. It is known as the Marine Resources Protection Act of 1990. The purpose of this article is to protect California’s marine life and coastal waters, particularly by regulating gill net fishing and other commercial fishing practices deemed harmful to marine ecosystems.
🔹 Key Objectives:
Ban or strictly limit gill and trammel nets in California coastal waters.
Protect marine mammals, sea birds, and endangered fish species.
Create a framework for marine conservation zones and enforce sustainable fishing practices.
Support scientific and environmental management of fisheries.
🔹 Section-by-Section Summary:
Section 1 – Title
Officially names the act the Marine Resources Protection Act of 1990.
Section 2 – Findings and Declarations
States the need for protecting marine resources.
Identifies the harm caused by gill nets and trammel nets to marine life.
Section 3 – Policy
Declares it state policy to preserve marine life, especially vulnerable and protected species.
Section 4 – Definitions
Defines key terms like gill net, trammel net, marine life, and state waters.
Section 5 – Prohibited Nets
Bans the use of gill and trammel nets in specific coastal zones.
Section 6 – Exceptions
Outlines limited exceptions where such nets may be allowed under strict regulation or scientific study.
Section 7 – License Restrictions
Places conditions and restrictions on the issuance and renewal of gill net fishing licenses.
Section 8 – Transition Assistance
Provides for state programs to help affected fishermen transition to alternative livelihoods or fishing methods.
Section 9 – Marine Conservation Zones
Authorizes the creation and enforcement of conservation zones to restore marine habitats.
Section 10 – Public Participation
Encourages public input and participation in marine resource management decisions.
Section 11 – Scientific Research
Promotes scientific study of marine resources and fishing impacts to support evidence-based policies.
Section 12 – Enforcement
Grants authority to enforce the provisions of the act to state agencies such as the California Department of Fish and Wildlife.
Section 13 – Penalties
Establishes civil and criminal penalties for violations of the act.
Section 14 – Laws Not Affected
Clarifies that this act does not interfere with existing protections for marine life unless explicitly modified.
Section 15 – Severability
If one part of the article is found invalid, the rest remains effective.
Section 16 – Implementation and Funding
Provides authority for funding and implementing the provisions of the act.
🔹 In Summary:
Article X B of the California Constitution enshrines strong protections for marine ecosystems into state law. It:
Restricts harmful fishing practices like gill netting.
Protects marine mammals, sea birds, and endangered species.
Promotes sustainable fisheries and science-based management.
Involves the public in conservation efforts.
This article is an important part of California’s environmental conservation legacy.
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