Marine Life Protection Act
Encyclopedia
The Marine Life Protection Act (MLPA) was passed in 1999 and is part of the California Fish and Game Code. The MLPA requires California to reevaluate all existing marine protected areas (MPAs) and potentially design new MPAs that together function as a statewide network. The MLPA has clear guidance associated with the development of this MPA network. MPAs are developed on a regional basis with MLPA and MPA specific goals in mind, and are evaluated over time to assess their effectiveness for meeting these goals.
often lacks a systematic approach to conserving biodiversity. Little gap analysis
has been performed on the marine environment, and there is a lack of knowledge into what is protected, what needs to be protected, and where the protection needs to occur. Over the last century there has been a rapid increase in the loss of marine biodiversity
and habitat degradation. About 70% of California's population lives within one hour of the coast and the ocean provides resources to local, state, and national interests. As a result, species and habitat loss has become a major issue. Over 90% of California's coastal wetlands have been lost, coastal waters have become contaminated with a variety of urban and agricultural toxins, and a large number of targeted species have declined in the last 10–20 years. Over the last two decades, California fish catches have decreased by over 50%. These impacts have decreased the health and value of the California's coastal ocean and imply a need for a more systematic approach to marine conservation. Although there is no single solution to conserving the marine environment, MPAs are a potentially valuable tool for marine conservation when designed and managed effectively. A well designed and managed network of MPAs helps to prevent degradation, fosters marine biodiversity, and may maintain a more sustainable fishing industry. The MLPA helps to promote a shift from single-species management to an ecosystem based management and is a more systematic approach to marine conservation.
(CDFG) with the task of developing and managing a network of MPAs. The CDFG determines the final location and size of each MPA. The goal is to establish a network of MPAs that work together. This network takes into account the movement of adult and larval fish and also focuses on deepwater habitats for the first time. A proportion of the MPA network is to be designated as no-take zones. No-take zones allow for a large area of safe breeding grounds and a sanctuary for large, female fish. Large female fish produce more viable offspring and are vital in a population. With this idea, the MPA network has the potential to boost fish populations in areas out side of MPAs. Fishery growth has been successful along the Great Barrier Reef Marine Park
and the Florida Keys National Marine Sanctuary
after reserves were established in these areas. The final decision of the size and location of the MPAs depends on the species and habitats effected, stakeholder and conservation goals, and how each individual MPA will function on its own and as part of the network.
. This plan failed once it was brought to the public for approval, mostly because stakeholders and other members of the public were excluded from the process. Commercial and recreational fishers showed the most resistance, stating that MPAs produce no benefits for fisheries and objecting to the size and location of the proposed MPAs. In 2002, the CDFG implemented the MLPA for a second time. This plan involved members from the Master Plan Team, as well as seven Working Stakeholder Groups, which included governmental agency officials, recreational and commercial fishing interests, recreational divers, ocean vessel representatives, environmental interests, charter boat operators, harbormasters, and scientists/educators. This attempt was more successful and gained public support, but the project lost funding in 2003 due to a poor fiscal year.
In 2004 the CDFG gained new funding from several organizations to initiate the Marine Life Protection Act Initiative. The Initiative divided the coast into sequential regions and assembled a Blue Ribbon Task Force on Marine Protected Areas, Science Advisory Team, and Regional Stakeholder Group to develop and evaluate the first set of MPAs in the Central Coast region. On April 13, 2007, after nearly three years of public meetings and proposal reviews, the Fish and Game Commission evaluated and voted on a final MPA proposal for the Central California coast. The commission voted on a plan to establish 29 MPAs covering approximately 204 square miles (18%) of state waters with 85 square miles (8%) designated as no-take state marine reserves. The network ranges from Pigeon Point in San Mateo County south to Point Conception in Santa Barbara County, and contains several types of MPAs with varying degrees of protection.
The Central Coast plan has received high marks for scientific effectiveness. Local stakeholders developed a balanced network that protects the region’s best habitat, including parts of the Big Sur Coast and Monterey Bay, while allowing continued access to most recreational and commercial fishing grounds. California’s Central Coast MPAs went into effect in September 2007 and scientific baseline data has been collected over the last two years..
The North Central Coast plan, adopted by the Fish and Game Commission on August 5, 2009, also represented a compromise between different interest groups, and protected iconic sites like the Farallon Islands, Point Reyes Headlands, and Bodega Head while leaving nearly 90 percent of coastal waters open for fishing. Regulations for the North Central Coast MPAs, which extend from Alder Creek, near Pt. Arena in Mendocino County, to Pigeon Point in San Mateo County, went into effect on May 1, 2010. The regulations established 21 marine protected areas (MPAs), three State Marine Recreational Management Areas, and six special closures, in total covering approximately 153 square miles (20.1%) of state waters in the north central coast study region. Approximately 86 square miles (11%) of the 153 square miles (396.3 km²) are designated as "no take" state marine reserves, while different take allowances providing varying levels of protection are designated for the rest.
In 2008, South Coast Regional Stakeholders began a public planning process to design the part of the statewide MPA network that spans from Pt. Conception in Santa Barbara county to the U.S. border with Mexico. On Dec. 15, 2010 the CA Fish and Game Commission adopted regulations to create 36 new MPAs encompassing approximately 187 square miles (8 percent) of state waters in the study region. Approximately 116 square miles (4.9 percent) have been designated as no-take state marine reserves (82.5 square miles/3.5 percent) and no-take state marine conservation areas (33.5 square miles/1.4 percent), with the remainder designated as state marine conservation areas with different take allowances and varying levels of protection. Implementation of the new South Coast MPAs will take place beginning October 1, 2011.
The North Coast region, which stretches from Point Arena to the Oregon border, concluded the stakeholder planning process in August 2010. Stakeholders developed a unified proposal for their regional MPA network supported by fishermen, conservationists, and tribal representatives. The unified plan will be considered by the Fish and Game Commission beginning in 2011.
On May 19, 2009, the California Fair Political Practices Commission
(CFPPC) disclosed that the Enforcement Division of the Fair Political Practices Commission has started a formal investigation into Fish and Game Commissioner George Michael Sutton, under charge of having violated the Political Reform Act (PRA) of 1974 due his conflicts of interest on votes on the MLPA while serving on the Fish and Game Commission.
On June 24, after investigating the matter, the Fair Political Practices Commission (FPPC) declared that Commissioner Sutton can participate in any and all public processes and deliberations surrounding the Marine Life Protection Act (MLPA) without conflict.
Overview
Unlike terrestrial conservation, marine conservationMarine conservation
Marine conservation, also known as marine resources conservation, is the protection and preservation of ecosystems in oceans and seas. Marine conservation focuses on limiting human-caused damage to marine ecosystems, and on restoring damaged marine ecosystems...
often lacks a systematic approach to conserving biodiversity. Little gap analysis
Gap analysis
In business and economics, gap analysis is a tool that helps companies compare actual performance with potential performance. At its core are two questions: "Where are we?" and "Where do we want to be?" If a company or organization does not make the best use of current resources, or forgoes...
has been performed on the marine environment, and there is a lack of knowledge into what is protected, what needs to be protected, and where the protection needs to occur. Over the last century there has been a rapid increase in the loss of marine biodiversity
Biodiversity
Biodiversity is the degree of variation of life forms within a given ecosystem, biome, or an entire planet. Biodiversity is a measure of the health of ecosystems. Biodiversity is in part a function of climate. In terrestrial habitats, tropical regions are typically rich whereas polar regions...
and habitat degradation. About 70% of California's population lives within one hour of the coast and the ocean provides resources to local, state, and national interests. As a result, species and habitat loss has become a major issue. Over 90% of California's coastal wetlands have been lost, coastal waters have become contaminated with a variety of urban and agricultural toxins, and a large number of targeted species have declined in the last 10–20 years. Over the last two decades, California fish catches have decreased by over 50%. These impacts have decreased the health and value of the California's coastal ocean and imply a need for a more systematic approach to marine conservation. Although there is no single solution to conserving the marine environment, MPAs are a potentially valuable tool for marine conservation when designed and managed effectively. A well designed and managed network of MPAs helps to prevent degradation, fosters marine biodiversity, and may maintain a more sustainable fishing industry. The MLPA helps to promote a shift from single-species management to an ecosystem based management and is a more systematic approach to marine conservation.
A Brief History of California MPAs
California’s first six MPAs were created between 1909 and 1913; by 1950 all had been removed. After 1950 more than 50 other MPAs were created along the California coast. But these MPAs were established in a random manner and without regard to regional conservation goals. Most have been thought to be too small and ineffective in protecting against habitat and species loss. With these existing MPAs less than 1% of coastal waters were protected, and none extended to deeper waters. In 1999 the MLPA was created in order to re-evaluate the current MPA system and to establish a better network of MPAs that would be more effective in protecting against habitat and species loss.The Marine Life Protection Act
The Marine Life Protection Act language as amended to July 2004MLPA Findings
The MLPA found that existing MPAs were not created under a coherent plan or scientific guidelines, and that there is a need to redesign the MPA system. Coastal development, water pollution, and other human activities are a threat to California’s diverse coastal waters. These coastal waters, along with the ecosystems and species which thrive within them are vital assets to the state and nation. An improved MPA system would help protect against habitat and ecosystem loss, conserve biological diversity, provide safe breeding grounds for fish and other marine species, improve research opportunities, create a reference point from which the rest of the ocean can be compared against, and may help to re-grow depleted fisheries.MPA Network
The MLPA appointed the California Department of Fish and GameCalifornia Department of Fish and Game
The California Department of Fish and Game is a department within the government of California, falling under its parent California Natural Resources Agency. The Department of Fish and Game manages and protects the state's diverse fish, wildlife, plant resources, and native habitats...
(CDFG) with the task of developing and managing a network of MPAs. The CDFG determines the final location and size of each MPA. The goal is to establish a network of MPAs that work together. This network takes into account the movement of adult and larval fish and also focuses on deepwater habitats for the first time. A proportion of the MPA network is to be designated as no-take zones. No-take zones allow for a large area of safe breeding grounds and a sanctuary for large, female fish. Large female fish produce more viable offspring and are vital in a population. With this idea, the MPA network has the potential to boost fish populations in areas out side of MPAs. Fishery growth has been successful along the Great Barrier Reef Marine Park
Great Barrier Reef Marine Park
The Great Barrier Reef Marine Park protects a large part of Australia's Great Barrier Reef from damaging activities. Fishing and the removal of artefacts or...
and the Florida Keys National Marine Sanctuary
Florida Keys National Marine Sanctuary
The Florida Keys National Marine Sanctuary is a U.S. National Marine Sanctuary in the Florida Keys. It includes the Florida Reef, the only barrier coral reef in North America and the third-largest coral barrier reef in the world. It also has extensive mangrove forest and seagrass fields...
after reserves were established in these areas. The final decision of the size and location of the MPAs depends on the species and habitats effected, stakeholder and conservation goals, and how each individual MPA will function on its own and as part of the network.
MLPA Implementation
After its passage in 1999, the CDFG began to implement the MLPA. The first attempt involved a Master Plan Team which included primarily scientific experts and governmental agencies, with little input from local stakeholdersStakeholder analysis
Stakeholder analysis in conflict resolution, project management, and business administration, is the process of identifying the individuals or groups that are likely to affect or be affected by a proposed action, and sorting them according to their impact on the action and the impact the action...
. This plan failed once it was brought to the public for approval, mostly because stakeholders and other members of the public were excluded from the process. Commercial and recreational fishers showed the most resistance, stating that MPAs produce no benefits for fisheries and objecting to the size and location of the proposed MPAs. In 2002, the CDFG implemented the MLPA for a second time. This plan involved members from the Master Plan Team, as well as seven Working Stakeholder Groups, which included governmental agency officials, recreational and commercial fishing interests, recreational divers, ocean vessel representatives, environmental interests, charter boat operators, harbormasters, and scientists/educators. This attempt was more successful and gained public support, but the project lost funding in 2003 due to a poor fiscal year.
In 2004 the CDFG gained new funding from several organizations to initiate the Marine Life Protection Act Initiative. The Initiative divided the coast into sequential regions and assembled a Blue Ribbon Task Force on Marine Protected Areas, Science Advisory Team, and Regional Stakeholder Group to develop and evaluate the first set of MPAs in the Central Coast region. On April 13, 2007, after nearly three years of public meetings and proposal reviews, the Fish and Game Commission evaluated and voted on a final MPA proposal for the Central California coast. The commission voted on a plan to establish 29 MPAs covering approximately 204 square miles (18%) of state waters with 85 square miles (8%) designated as no-take state marine reserves. The network ranges from Pigeon Point in San Mateo County south to Point Conception in Santa Barbara County, and contains several types of MPAs with varying degrees of protection.
The Central Coast plan has received high marks for scientific effectiveness. Local stakeholders developed a balanced network that protects the region’s best habitat, including parts of the Big Sur Coast and Monterey Bay, while allowing continued access to most recreational and commercial fishing grounds. California’s Central Coast MPAs went into effect in September 2007 and scientific baseline data has been collected over the last two years..
The North Central Coast plan, adopted by the Fish and Game Commission on August 5, 2009, also represented a compromise between different interest groups, and protected iconic sites like the Farallon Islands, Point Reyes Headlands, and Bodega Head while leaving nearly 90 percent of coastal waters open for fishing. Regulations for the North Central Coast MPAs, which extend from Alder Creek, near Pt. Arena in Mendocino County, to Pigeon Point in San Mateo County, went into effect on May 1, 2010. The regulations established 21 marine protected areas (MPAs), three State Marine Recreational Management Areas, and six special closures, in total covering approximately 153 square miles (20.1%) of state waters in the north central coast study region. Approximately 86 square miles (11%) of the 153 square miles (396.3 km²) are designated as "no take" state marine reserves, while different take allowances providing varying levels of protection are designated for the rest.
In 2008, South Coast Regional Stakeholders began a public planning process to design the part of the statewide MPA network that spans from Pt. Conception in Santa Barbara county to the U.S. border with Mexico. On Dec. 15, 2010 the CA Fish and Game Commission adopted regulations to create 36 new MPAs encompassing approximately 187 square miles (8 percent) of state waters in the study region. Approximately 116 square miles (4.9 percent) have been designated as no-take state marine reserves (82.5 square miles/3.5 percent) and no-take state marine conservation areas (33.5 square miles/1.4 percent), with the remainder designated as state marine conservation areas with different take allowances and varying levels of protection. Implementation of the new South Coast MPAs will take place beginning October 1, 2011.
The North Coast region, which stretches from Point Arena to the Oregon border, concluded the stakeholder planning process in August 2010. Stakeholders developed a unified proposal for their regional MPA network supported by fishermen, conservationists, and tribal representatives. The unified plan will be considered by the Fish and Game Commission beginning in 2011.
The Science
An extensive body of peer-reviewed studies on marine protected areas have concluded that well-designed networks of protected waters are effective in improving ocean health and making ocean waters more resilient. Most recently, the February 2010 issue of the Proceedings of the National Academy of Sciences (PNAS) included several new studies that showed that scientifically-based MPA networks have a net positive impact on both ecosystem productivity and associated fisheries. One of the studies found that such well-designed networks can simultaneously improve the quality of ocean habitat, increase the size and abundance of sea life, and increase fishing yields and profits. Several studies have stressed the importance of location: The location of protected areas is important. In order to be effective, marine reserves must be placed in the areas where fish and shellfish feed and breed.MLPA Controversy / Conflict of Interest Investigation
The MLPA Initiative recently began to receive negative press from fishing rights groups and individual fishermen due to the apparent conflict of interest of some MPA officials and unfair practices in the MLPA process. On May 14, 2009, Fish and Game Commission Member Jim Kellogg called for the Commission to put the MLPA process on hold due to the state budget crisis. Senate Majority Leader Dean Florez and North Coast Assemblyman Wes Chesbro requested investigation into conflicts of interest among Blue Ribbon Task Force members as well as sources of funding for the MLPA.On May 19, 2009, the California Fair Political Practices Commission
California Fair Political Practices Commission
SUMMARYThe California Fair Political Practices Commission is the government body that enforces political campaign, lobbying, and conflict of interest laws in the state of California, similar to what the Federal Elections Commission does at the federal level...
(CFPPC) disclosed that the Enforcement Division of the Fair Political Practices Commission has started a formal investigation into Fish and Game Commissioner George Michael Sutton, under charge of having violated the Political Reform Act (PRA) of 1974 due his conflicts of interest on votes on the MLPA while serving on the Fish and Game Commission.
On June 24, after investigating the matter, the Fair Political Practices Commission (FPPC) declared that Commissioner Sutton can participate in any and all public processes and deliberations surrounding the Marine Life Protection Act (MLPA) without conflict.
External links
- Marine Life Protection Act Initiative (CA DFG)
- Existing Marine Protected Areas (CA DFG)
- MPA Science Literature (CA DFG)
- MLPA News Updates and Background Information (CalOceans)
- The Science of Marine Reserves: Booklet and videos (PISCO)
- MLPA News and Information
- California Marine Protected Areas Educational Resources