Marine Life Protection Act 101: How Does the Process Work?

In early 1999, California Governor Gray Davis signed into law the Marine Life Protection Act (MLPA). The MLPA directed the state to design and manage a network of marine protected areas – including an improved marine reserve component – in order to, among other things, protect marine life and habitats, marine ecosystems, and marine natural heritage, as well as improve recreational, educational and study opportunities provided by marine ecosystems. Marine protected areas (MPAs) include state marine reserves, state marine parks and state marine conservation areas.

The three types of MPAs that can be established under the MLPA are:

• State Marine Reserves, which prohibit recreational fishing and all other forms of recreational and commercial “extraction.”
• State Marine Parks, which place limits on recreational fishing and ban commercial fishing.
• State Marine Conservation Areas, in which only certain activities that compromise the integrity of the area might be limited. Some forms of recreational and commercial fishing may be allowed.

Implementation of the MLPA twice stalled after the bill passed, because the California legislature did not provide funds for its implementation. In 2004, the process resumed when the Resources Legacy Fund Foundation (RLFF) provided $7 million to implement the MLPA. Most of this funding came from donations by environmental organizations and philanthropy-minded individuals, many of whom promote no-take marine reserves. The State of California contributed an additional $2 million. The RLFF and California Department of Fish and Game (DFG) expect to complete implementation of the Act by 2011.

MLPA Implementation Process
Implementation of the MLPA is being conducted in phases by the California DFG. Phase I includes the central coast study region from San Mateo County to Santa Barbara County. Phase II includes the north central coast study region from Alder Creek in Mendocino County south to Pigeon Point in San Mateo County. Phase III includes the southern coast region from the Mexican border to Point Conception. Phase IV includes Alder Creek north to the Oregon border. The final phase will encompass San Francisco Bay. Phase I was finalized in September 2007. Phase II began in 2007 and is scheduled to be completed in the Fall of 2009, and Phase III began in September 2008.

The Phase I process began in 2004 and ended with the California Fish and Game Commission approving MPA designations in April 2007, which went into effect in September 2007. The result was the designation of 29 MPAs equaling approximately 204 square miles (18 percent) of state waters in the study region. Eighty five square miles (8 percent) were designated as no-take marine reserves. To make matters worse, the 8 percent that was chosen consequently represents approximately 50 percent of the best fishing spots in the study area.

Partnership for Sustainable Oceans
Phase I implementation was completed with ineffective input from the recreational fishing community. In an effort to combat this, and bring balance to a process led largely by environmentalist proponents of non-consumptive use, a number of recreational angling groups joined together to form the Partnership for Sustainable Oceans (PSO). The PSO has a leadership role in Phase II and III of the MLPA Initiative. Members of the PSO governing group include the American Sportfishing Association, Coastside Fishing Club, Sportfishing Association of California, Southern California Marine Association, National Marine Manufacturers Association, Berkeley Conservation Institute, International Game Fish Association, Kayak Fishing Association of California, Nor-Cal Kayak Anglers, Shimano Sport Fisheries Initiative, United Anglers of Southern California, Watermen's Alliance, and contributing members of the Avalon Tuna Club.

Together the PSO is working within the process to ensure that decisions are made using sound science that takes into account existing fisheries management practices, and includes consideration of socio-economic impact analyses. The PSO’s goal is to protect California’s ocean environment without unnecessary closures of California’s coastal waters to recreational fishing.

How Does Each Phase Work?
The established process to determine and implement MPAs is a complicated one. For each phase, the California Resources Agency and the DFG establish a set of advisory panels who work together to provide recommendations to the California Fish and Game Commission. These panels include a Blue Ribbon Task Force (BRTF), Regional Stakeholder Group (RSG) and Science Advisory Team (SAT). Members of these panels are first nominated in writing by members of the public. Nominees are then evaluated and selected by California’s Secretary of Natural Resources and the Director of the DFG. Membership on the BRTF, RSG, and SAT will change with each phase of the implementation.

The Fish and Game Commission (FGC) is responsible for making the final decision on MPA designations, based on recommendations from the BRTF and input from the public during required periods of public comment.

Blue Ribbon Task Force (BRTF)
The BRTF is a small (5-7 persons) group of California residents, often with many years experience in public service, but who may not have any working knowledge of ocean ecology or fisheries management. It is responsible for overseeing the development of proposed alternative networks of MPAs and making a recommendation to the FGC. The BRTF relies on information provided by the RSG and the SAT to formulate their assessments and policy decisions. The BRTF then makes a final recommendation of its preferred MPA network, sometimes multiple networks, to the FGC.

Regional Stakeholder Group (RSG)
The RSG is composed of approximately 24 local stakeholders from a variety of interest groups and includes a mix of environmentalists, recreational anglers, commercial fishermen, divers, boaters, agency personnel (e.g., Marine Sanctuary personnel), business owners and other interested parties. The RSG provides input to the BRTF about how the local community may be affected by certain designations. The key role of the RSG is to create and submit alternative MPA network proposals for consideration along with other proposals submitted within the process. The requirement is that these proposals meet the minimum SAT science guidelines, including an ‘improved component of marine reserves.’ The proposals are evaluated by the SAT to determine if they meet the science guidelines and are submitted to the BRTF for its evaluation. The involvement and voice of the recreational angling community falls directly within this group.

Science Advisory Team (SAT)
The SAT is composed of a variety of scientists with varying backgrounds and interests, including ocean ecologists, fisheries scientists and economists. They are charged with using the best available peer-reviewed scientific research to decide how MPA types, locations, sizes, and restrictions should be determined. During the process, the SAT will tailor the science guidelines for each study region.  This may complicate the development of alternatives that need to meet these “moving targets.” The SAT will also evaluate the MPA network proposals to determine if they meet their scientific guidelines as recommended by the BRTF and adopted by the FGC.