APPENDIX 1
CONSERVATION AND PROTECTION OF THE MARINE GARDENS FISH REFUGE

Editor’s Note

An initiative petition entitled “Pacific Grove Marine Gardens Fish Refuge Marine Conservation and Protection Initiative” was duly qualified pursuant to the City Charter and state elections law for consideration by the voters of the city of Pacific Grove at the regular municipal election to be held on November 7, 2000.

Pursuant to Section 9215 of the California Elections Code, the city council, as an alternative to placing the measure on the November 2000 ballot, adopted the ordinance petitioned for without change. Said ordinance was adopted by the city council as Ordinance No. 00-12, on June 7, 2000. Exhibit A to that ordinance is restated in full, below.

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EXHIBIT A

Coalition to Preserve and Restore Pt. Pinos Tidepools

Within these areas, no risk of change is considered acceptable unless it is part of a natural process1

Proposed Ballot Initiative for the Citizens of Pacific Grove

Purpose:    To Promote Maine Conservation and Broaden Protection within the intertidal areas of the Pacific Grove Marine Gardens Fish Refuge.

The People of the City of Pacific Grove to hereby ordain and adopt the following:

Whereas:    We the citizens of Pacific Grove, recognize the ecological value of the marine resources within the State established Pacific Grove Marine Gardens Fish Refuge which includes the Great Tidepools of Pt. Pinos. This Refuge borders the corporate city limit line (city limits) of Pacific Grove.

Whereas:    The citizens further recognize that within this Refuge, there are tidelands of great biological, historical and archeological significance worthy of special protection. We endorse the newly adopted Pacific Grove Coastal Parks Plan that places special emphasis on protecting these intertidal resources to insure their preservation for future generations. It is not the intent of this measure to affect commercial fishing in the Pacific Grove Marine Gardens Fish Refuge.

Whereas:    The citizens acknowledge oceanographic and climactic factors as well as vertebrate predation influencing the diversity and abundance of flora and fauna within these intertidal areas. More importantly, it is recognized there are deleterious effects on marine life from increasing human impact.

Therefore,    We, the citizens of Pacific Grove, do hereby file with the State of California Department of Fish and Game and/or the State of California Fish and Game Commission an objection to the taking of invertebrates and other marine life from the ocean waters within the boundaries of the Pacific Grove Marine Gardens Fish Refuge as specified in Section 1002(h) of the California Fish and Game Code.

In doing so, the citizens seek comprehensive protection of this Refuge where all extractive activities will be prohibited, including the taking of marine invertebrates by any means, in accordance with Fish and Game Regulations. Exceptions are made for the city manager or his delegated authority, at his discretion and with written permission, to allow minimal scientific collecting under Pacific Grove Municipal Code (14.04.030) with the consent of the Department of Fish and Game.

The tidelands within this Refuge will continue to be open to the public, on site research and recreational fishing of selected species of fin fish by hook and line.


1

Pacific Grove Coastal Parks Plan.