Marine Life Protection Act

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 form 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 in meeting these goals. The five main goals of the Marine Life Protection Act are to maintain the diversity of marine ecosystems, conserve its populations, better educate people on human-marine life interactions, protect habitats, and effectively enforce MPAs. The establishment of this policy is an important step in expanding science-based management and decision making regarding policies.

Unlike terrestrial conservation, marine conservation 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%-80% 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 have 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 twenty years California fish catches have decreased by over 50%. These impacts have decreased the health and value of 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 systematic approach to marine conservation.

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.

Before the enforcement of the Marine Life Protection Act, very few of California's coastal areas were protected within MPAs. There needed to be a system established that would improve the protection of California marine systems and help regulate building in marine areas and researchers' plans to alter any of these areas. Although the original plans for MPAs did attempt to follow the guidelines of science and practicality at first, they were not satisfactory for stakeholders who managed the area. Eventually, the plan that was approved increased the number of habitats that were protected by MPAs. The establishment of these created benefits for fisheries management too, though this was not the main focus of the plan. Creating these MPAs increased the abundance, size, and diversity of fish, invertebrates, and algae. The success of this plan inspired the creation of similar policies around the world. The Marine Life Protection Act caused science to play a larger role in California environmental planning than ever before.

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.

The MLPA appointed the California Department of Fish and Wildlife (CDFW) 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 outside 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 affected, stakeholder and conservation goals, and how each individual MPA will function on its own and as part of the network.

Prior to the Marine Life Protection Act, insufficiently sized MPAs in California waters contributed to a lack of efficacy in protection. Under the Marine Life Protection Act, the implementation of 124 new MPAs resulted in an increase of 13% MPA coverage in state waters for a total of 67% in protected areas. Nearly 9.5% designated no-take areas within this network of MPAs were introduced in 2012.

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 stakeholders. 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.