Legal Definitions, Commonly Used Acronyms, and Abbreviated Terms
Definitions
Adaptive Management
Marine Managed Area
Marine Protected Area
Marine Life Reserve
Take
Finfish
Pelagic Finfish
Coastal Pelagic Species
Smelt
Simplified Classification System
State Marine Reserve
State Marine Park
State Marine Conservation Area
State Marine Recreational Management Area
Special Closure
The following terms are defined in the Marine Life Protection Act (Fish and Game Code Section 2852) and the Marine Managed Areas Improvement Act (Public Resources Code 36602 and 36700)
Adaptive Management [FGC 2852(a) ]
"Adaptive management," with regard to marine protected areas, means a management policy that seeks to improve management of biological resources, particularly in areas of scientific uncertainty, by viewing program actions as tools for learning. Actions shall be designed so that, even if they fail, they will provide useful information for future actions, and monitoring and evaluation shall be emphasized so that the interaction of different elements within marine systems may be better understood.
Marine Managed Area [PRC 36602(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.
Marine Protected Area [FGC 2852(c)]
"Marine protected area" (MPA) means a named, discrete geographic marine or estuarine area seaward of the 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, administrative action, or voter initiative to protect or conserve marine life and habitat. MPA classifications include marine life reserves (the equivalent of the state marine reserve classification), state marine parks, which allow recreational fishing and prohibit commercial extraction, and state marine conservation areas, which allow for specified commercial and recreational activities, including fishing for certain species but not others, fishing with certain practices but not others, and kelp harvesting, provided that these activities are consistent with the objectives of the area and the goals and guidelines of this chapter.
MPAs are primarily intended to protect or conserve marine life and habitat, and are therefore a subset of marine managed areas (MMAs), which are broader groups of named, discrete geographic areas along the coast that protect, conserve, or otherwise manage a variety of resources and uses, including living marine resources, cultural and historical resources, and recreational opportunities. Marine managed area classifications include state water quality protection area, state marine cultural preservation area, and state marine recreational management area.
Marine Life Reserve [FGC 2852(d)]
"Marine life reserve," for the purposes of this chapter, means a marine protected area in which all extractive activities, including the taking of marine species, and, at the discretion of the commission and within the authority of the commission, other activities that upset the natural ecological functions of the area, are prohibited. 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.
Fish and Game Code Section 2860(b)(opens in new tab) further clarifies permissible activities in "marine life reserves":
"Notwithstanding any other provision of this code, the taking of a marine species in a marine life reserve is prohibited for any purpose, including recreational and commercial fishing, except that the commission may authorize the taking of a marine species for scientific purposes, consistent with the purposes of this chapter, under a scientific collecting permit issued by the department."
Take [FGC 86, CCR T14 1.80]
"Take" means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.
Finfish [CCR T14 632(a)(2)]
"Finfish" as defined for purposes of MPA regulations, are any species of bony fish or cartilaginous fish (sharks, skates and rays). Finfish do not include amphibians, invertebrates, plants or algae.
Pelagic Finfish [CCR T14 632(a)(3)]
"Pelagic finfish", as defined for purposes of MPA regulations, are a subset of finfish defined as: northern anchovy (Engraulis mordax), barracudas (Sphyraena spp.), billfishes* (family Istiophoridae), dolphinfish (Coryphaena hippurus), Pacific herring (Clupea pallasii), 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), including Pacific bonito (Sarda chiliensis), and yellowtail (Seriola lalandi). *Marlin is not allowed for commercial take.
Coastal Pelagic Species [CCR T14 1.39]
"Coastal pelagic species", as defined for purposes of MPA regulations, include the following: northern anchovy (Engraulis mordax), Pacific sardine (Sardinops sagax), Pacific mackerel (Scomber japonicus), jack mackerel (Trachurus symmetricus) and market squid (Doryteuthis (Loligo) opalescens).
Surf Smelt [CCR T14 28.45]
Surf Smelt (Night Smelt, Day Fish, Whitebait Smelt)
Limit: Twenty-five pounds in combination
Simplified Classification System
In January 2000 the Resources Agency released a report titled "Improving California's System of Marine Managed Areas". The culmination of an 18-month process involving 11 state agencies and substantial public input, the report contains recommendations for a simplified classification system for state marine managed areas (MMAs). Marine protected areas are a subset of MMAs; MPAs include state marine reserves, state marine parks, and state marine conservation areas. Some MMAs (state marine cultural preservation areas and state marine water quality areas) were not addressed as part of the MLPA process.
Four of the following classifications for designating managed areas in the marine and estuarine environments were established in California Public Resources Code Section 36710 and listed in
California Code of Regulations Title 14 (CCR T14), Section 632. Where the term "marine" is used, it refers to both marine and estuarine environments.
State Marine Reserve
In a state marine reserve, it is unlawful to injure, damage, take, or possess any living, geological, or cultural marine resource, except under a scientific collecting permit issued by the department pursuant to Section 650 or specific authorization from the commission for research, restoration, or monitoring purposes. (CCR T14, Section 632 (a)(1)(A))
State Marine Park
In a state marine park, it is unlawful to injure, damage, take, or possess any living or nonliving marine resource for commercial 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 commission as specified in subsection 632(b), areas and special regulations for use. The department may issue scientific collecting permits pursuant to Section 650. The commission may authorize research, monitoring, and educational activities and certain recreational harvest in a manner consistent with protecting resource values. (CCR T14, Section 632 (a)(1)(B))
State Marine Conservation Area
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 subsection 632(b), areas and special regulations for use. The department may issue scientific collecting permits pursuant to Section 650. The commission may authorize 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. (CCR T14, Section 632 (a)(1)(C))
State Marine Recreational Management Area
In a state marine recreational management area, it is unlawful to perform any activity that 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 unless specified in subsection 632(b), areas and special regulations for use. (CCR T14, Section 632 (a)(1)(D))
Special Closure
A special closure is an area designated by the Fish and Game Commission that prohibits access or restricts boating activities in waters adjacent to sea bird rookeries or marine mammal haul-out sites.
Commonly Used Acronyms and Abbreviated Terms
Revised January 21, 2010