300 People, 50 Tribes, One Meeting: How California Built Its Marine Protected Areas
In 1999, California passed a law ordering the state to fix its patchwork of ocean parks. For two years, almost nothing happened, and two attempts to get the process moving both failed. It took a 2004 public-private partnership, roughly $35 million in public and philanthropic funding, and a decade of work before the state had a real network of marine protected areas. Partway through that decade, more than 300 people from over 50 tribal nations walked into a public meeting in Fort Bragg to protest how the process was treating their rights.
Andrew Lewin walks through what actually happened between the 1999 Marine Life Protection Act and the 124-MPA network Californians know today: the 2004 partnership with the nonprofit funder Resources Legacy Fund that finally got the process moving, the region-by-region design work built on stakeholder groups, a Science Advisory Team, and a Blue Ribbon Task Force, and the Fish and Game Commission votes that made each region official, starting with the Central Coast in 2007.
The process also shows where good intentions ran into real conflict. On California's North Coast, tribal sovereignty and traditional gathering rights were not built into the process from the start, and it took a public confrontation before the state addressed it. The North Coast's final proposal, with a formal tribal gathering exception, was not adopted until 2012, and tribal leaders accepted it with conditions rather than a full endorsement. Andrew connects this history to yesterday's conversation with Anupa Asokan about the network's ongoing adaptive management review, and explains why managing an MPA network never really finishes.
Takeaways:
- California's Marine Life Protection Act passed in 1999 but sat mostly unused for its first two years, surviving two failed implementation attempts before a 2004 public-private partnership with the nonprofit funder Resources Legacy Fund got the process moving.
- The full process to build California's network of marine protected areas took about a decade and roughly $35 million in public and philanthropic funding.
- Each of the four coastal regions went through the same design steps: a stakeholder group draft, a Science Advisory Team review, a Blue Ribbon Task Force recommendation, and a final vote by the state's Fish and Game Commission. The Central Coast was designated first, in 2007.
- The process did not build in tribal sovereignty and traditional gathering rights from the start. In July 2010, more than 300 people from over 50 tribal nations took over a Blue Ribbon Task Force meeting in Fort Bragg to protest it.
- The North Coast region's final proposal, including a formal tribal gathering exception, was adopted in 2012, and tribal leaders accepted it with conditions rather than a full endorsement.
- California's network now includes roughly 124 marine protected areas and recreational management areas, and it is still being managed through an ongoing adaptive process, the same one covered in yesterday's episode with Anupa Asokan.
- Managing a network of marine protected areas does not end at designation. It requires monitoring, reassessment, and revision, and that takes sustained funding, time, and public patience.
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In 1999, California passed a law ordering
the state to fix its patchwork
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of ocean parks. Nobody did anything with
it for two years.
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When they finally tried, the process took
a decade,
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cost more than $35 million, and at one
point 300 people from
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50 tribal nations walked into a public
meeting to protest it.
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Here's what actually happened between that
law and the map you see today.
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That's on this episode of the How to
Protect the Ocean podcast.
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I'm your host, Andrew Lewin. I'm a marine
biologist,
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a science communicator, and the oceans
communications manager for Pisces Oceans,
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a consulting firm that works with ocean
project leaders to make sure their
projects
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succeed to have a positive impact on the
ocean.
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Today we're going to be talking about the
history of.
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Of the California Networks of Marine
Protected Area System.
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Because yesterday you probably heard the I
did with Anupa Ahsokan,
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who talked about the adaptive management
process that is ongoing right now,
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that's not turning out to what it should
have been.
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And we talked a lot about that in
yesterday's episode.
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So check that out after this one.
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But we're also gonna be talking about it
later on in the week.
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because this week is all about this
California Marine Protected Area Network
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as well as just marine protected areas in
general.
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So check that out.
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So I think what's interesting is when we
talk about a marine protected area
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or network of marine protected area,
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I think a lot of people just assume like
ocean protection rules are there just like
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it's purely a science decision or it's
purely a political one and and it's
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all just imposed on them. And sometimes
that's the case.
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Sometimes marine protected areas,
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they're not done with good intentions or
they're taken out with bad intentions.
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And there are a lot of problems with the
way marine protected areas are set up,
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and there are some that are doing
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Really great and have been, really
focusing in on including everybody
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and using science to make sure that the
marine protected area is going
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to be effective for future generations.
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And that is a good way of doing things.
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But the process is never perfect.
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And we're gonna talk about this process to
establish the California Network
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of Marine Protected Areas because it's
something that we need to talk about
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so you understand what goes in.
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To a process to designate a marine
protected area or a network
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of those protected areas, but also what
could go wrong and what could
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you adapt to in the future to make better?
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And I think this is like a great ex this
story,
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it is a great example of that.
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So in 1999, the Marine Life Protection Act
sat unused for two years in California.
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and after two failed implementation
attempts to put it in in 2001 and 2002.
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there was ~ a real worry about what's
gonna happen.
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Like it wasn't a dead law, it was still
active,
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it was just underfunded
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Until in August 2004, the state entered a
public-private partnership with
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a nonprofit funder, the Resources Legacy
Foundation,
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it created the MLPA initiative to run the
process region by region along the coast.
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Now, what's interesting is this came
before a federal
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law that was established about marine
spatial
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Is when President Obama was in power and
he had the national ocean policy
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and its coastal marine spatial planning
framework that put in didn't begin until
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July 2010 via executive order.
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Now at that point, the California's MLPA
process was already deep into
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its third and fourth regional phases,
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and the Central Coast region had been
designated back in 2007.
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So this process was continuing after the
2004.
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inclusion of resources legacy foundation.
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And so we started to see all these,
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you know, these and these networks start
to get added to the protection area
system,
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which is really cool.
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So in each of the four regions that were
carved out of this process,
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the actual design process worked like
this:
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an appointed regional stakeholder group
made up of local fishermen,
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conservationists, and other users drafted
MPA proposals.
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A science advisory team reviewed each
proposal against ecological design
principles.
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So habitat representation, habitat
replication,
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MPA size, and spacing between protected
areas,
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plus a level of protection.
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Rating scale for different allowed uses.
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The Department of Fish and Game and the
MLPA initiative staff are also weighed in.
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So a policy-level Blue Ribbon Task Force
reviewed the whole package
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and forwarded a recommendation to the
state's Fish and Game Commission,
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the only body with legal authority to
actually adopt the MPA.
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All of this happened in thousands of hours
of public meetings,
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most of them recorded and archived over
roughly a decade.
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there was a huge conflict in this process.
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And the root cause of that conflict was
the process gave the public
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a genuine seat at the table, but it did
not accurately address tribal sovereignty
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and traditional gathering rights from the
start.
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So on California's North Coast in
particular,
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there were a bunch of tribal meetings.
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That argue that the MLPA framework only
recognized commercial
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and recreational fishing categories,
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not traditional subsistence and cultural
gathering.
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So that tension came to a head in July
2011 when more than 300 people,
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including members of 50 tribal nations,
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took over a blue ribbon task force meeting
in Fort Bragg,
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Described by the participants at the time
as the largest North Coast protest since
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1990. The task force ultimately rejected
language that would have terminated tribal
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gathering rights, and the North Coast
region's final unified proposal reached
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by fishing, tribal, and environmental
representatives together,
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was adopted in 2012, with a formal tribal
gathering exception.
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But the problem was the tribal leaders
themselves noted that they accepted
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it with conditions rather than a full
endorsement.
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So this is the what happens in a lot of
these processes because it was
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so large and it it it looked at the entire
state that it had groups in
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it in these four regions, but obviously in
this case it didn't include
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the tribal groups, unfortunately get left
out in a lot of these situations.
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So there was a lot of pushback to what
happened throughout this process,
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eventually getting an agreement in place,
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but it wasn't a full endorsement,
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as I just mentioned.
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Because a lot of the tribal leaders are
like,
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well, look, we took it with conditions,
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but it's not perfect, but we'd like to
improve on it.
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And unfortunately, in a lot of these
situations,
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whether you're a fisher, whether you're a
recreational diver,
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or you're some sort of stakeholder or
rights holder like the tribal communities,
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a lot of the times not everybody's happy
with the results.
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And for good reason, they may not have
been fully represented at the actual time
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at the table and with a lot of the
concerns that they've had.
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But during that time,
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There are times where you have all of this
moving forward through adaptive
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management. as the Marine Protected Area
Network is put in place,
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as it improved throughout this process,
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and that they had a formal setup for these
networks of marine protected areas,
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which is, I think it was 124 protected
areas within the network.
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Then there comes time of actually putting
it in place.
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monitoring it, evaluating it, and then
redesigning it based
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on recommendations from the science and
the public input.
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And that's where we're kind of left at
this point.
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There was another 10 years of waiting,
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and recently an adaptive management
process kicked off,
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which is what we talked to ANUPA about,
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which hasn't really gone in a great way.
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And we talked a little bit about that
because they didn't talk about
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the science in this and they only had
petitions from the public.
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But we're gonna talk about it later on
this week in episodes where we're gonna
say,
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hey, this is really important to talk
about when you include the science,
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because it gives people the the official
assessment of how these marine protected
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area networks are doing. And this is a big
part of managing a marine protected area
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network. Because if you don't manage it,
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if you don't reassess it and reassess it
and reassess and change
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and revise and adapt, then there's really
no point in putting these protected areas
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in place. It takes money.
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It takes time, it takes effort,
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and it takes the will of the people to
have the patience and
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the understanding to meet together and and
work on how they can improve
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the system for everyone, not just one
party.
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So that's the episode for today.
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I want to kind of give you that
explanation of what happened during the
setup
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of the California Marine Protected Area
System.
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Obviously, based on yesterday's episode
with ANUPA,
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Things haven't really changed in the way.
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where people are being heard for their
concerns.
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And it's actually getting more aggressive
in the way that it's doing
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it because some groups are speaking over
others and could be intimidating others
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in that process. So obviously there's a
long way to go in this process.
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The government needs to step up to make
sure that everybody has their
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say and feels safe to have their say.
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But this was an episode about the history
of the network of marine protected areas.
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We're gonna get into it all the rest of
this week with different shows.
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That we have coming up. Tomorrow's episode
is going to be on
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the actual adaptive management and ~
California's Ocean Safety Net actually
working.
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We're gonna really talk about the
evaluation and that assessment.
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don't forget to tune in tomorrow.
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Hit that follow button so you make sure
you follow this podcast
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and don't miss tomorrow's episode.
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I want to thank you so much for joining me
on today's episode of the
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How to Protect the Ocean podcast.
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Have a great day. We'll talk to you next
time and happy conservation.
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