    [From the U.S. Government Printing Office, www.gpo.gov]

                                    Monterey                               A Designation
                                                       Bay                 Prospectus
                                        National
                                            Marine
                                 Sanctuary

                         U.S. Department of Commerce
                                                                                                     itj OF CO               'OPJMOS@"e'
                                                                                                                            V
                         National Oceanic and
                         Atmospheric Administration
                         Marine and Estuarine
          QH             @Managernent Division                                                                           lop
          541.5                                                                                      ?A ES 0
          .s3
          D47
          1990

                                                        Cover Illustration
                                                           R.W. Cooke

                           UNITED STATES DEPARTMENT OF COMMERCE

                         DESIGNATION PROSPECTUS FOR THE PROPOSED
                          MONTEREY BAY NATIONAL MARINE SANCTUARY

                                      August, 1990

                                  U.S. DEPARTMENT OF COMMERCE NOAA
                                  COASTAL SERVICES CENTER
                                  2234 SOUTH HOBSON AVENUE
                                  CHARLESTON ,SC 29405-2413

                                    Property of CSC Library

                                      Prepared By:

                                      Marine and Estuarine Management
                                            Division
                                      Office of Ocean and Coastal
                                            Resource Management
                                      National Ocean Service
                                      National Oceanic and Atmospheric
                                            Administration
                                      1825 Connecticut Avenue, N.W., Suite 714
                                            Washington, D.C. 20235

                            DESIGNATION PROSPECTUS FOR THE PROPOSED
                             MONTEREY BAY NATIONAL MARINE SANCTUARY

                                        TABLE OF CONTENTS

                                                                                  Page

               PART I: TERMS OF THE PROPOSED DESIGNATION    ......................   1

                  A.    Geographic Area Included in the Sanctuary    ..............  4

                  B.    Characteristics of the Area that Give it
                        Particular Value  .......................................    6

                  C.    Activities Subject to Regulation    ...................... 10

             PART II:   BASIS FOR SECRETARIAL DESIGNATION FINDINGS     ............ 13

                  A.    National Significance of the Area    ..................... 14

                        1.   Natural Resource and Ecological Qualities     ........ 14

                        2.   Historical, Cultural and Archeological
                             Significance   .....................................  27

                        3.   Present and Potential Uses that Depend on
                             Maintenance of the Monterey Bay Area Resources
                             and Qualities   ....................................  28

                  B.    Inadequacy of Existing State and Federal Authorities
                        to Ensure Coordinated and Comprehensive conservation
                        and Management  ........................................   33

                        1.   Need for Comprehensive Management and Protection.33

                        2.   Existing Authorities   .............................  35

                        3.   Inadequacy of Existing Authorities     ............... 40

                  C.    Benefits and Effects of Sanctuary Designation     ......... 46

                        1.   Ensuring Comprehensive Conservation and
                             Management of the Area    ........................... 46

                        2.   Negative Effects of Designation on Income
                             Generating Activities   ............................  60

                        3.   Socioeconomic Effects of Designation     ............. 71

                  D.    Manageability of the Area   .............................  74

                                                 i

              PART III: PROPOSED MECHANISMS TO COORDINATE WITH EXISTING
                          REGULATORY AND MANAGEMENT AUTHORITIES WITHIN THE AREA.78

              PART IV:    THE SANCTUARY MANAGEMENT PLAN   ............... Attachment 1

              PART V:     AN ESTIMATE OF ANNUAL SANCTUARY OPERATING COSTS      ....... 86

                    A.    Personnel and Administration    .......................... 87

                    B.    Facilities and Equipment   ..............................  87

                    C.    Resource Protection   ...................................  88

                    D.    Research and Education   ................................  88

              PART VI:    EVALUATION OF THE ADVANTAGES OF COOPERATIVE STATE AND
                               FEDERAL MANAGEMENT   ...............................  90

              PART VII: DRAFT ENVIRONMENTAL IMPACT STATEMENT       ....... Attachment 1

              PART VIII: PROPOSED SANCTUARY REGULATIONS      ....................... 94

              PART IX: REFERENCES    ...........................................     118

                                          LIST OF FIGURES

             Figure                           Title                            Page

                1       National Marine Sanctuary System    .....................3

                3       Regional Context of Monterey Bay    .....................5

               14       Research and Education Programs in the Monterey
                        Bay Area  .............................................  8

               16       Location of Primary Sport and Commercial Fishing     .....9

                5       Surface Ocean Currents in Monterey Bay Area     ......... 17

                8       Principal Sea Otter and Pinniped Areas of
                        Concentration   ....................................... 22

               11       Potential Oil and Gas Development in the Vicinity
                        of Monterey Bay   ..................................... 48

               15       Ocean Discharge and Dredged Material Disposal Sites.52

               18       Boundary Alternative #2, Preferred    .................. 75

                                           LIST OF TABLES

              Tables                           Title                             Page

                 5       Marine Mammals Found in the Monterey Bay Area      ....... 21

                 4       Representative Seabirds and their Seasonal Status
                         in the Monterey Bay Area    ............................ 26

                13       Summary of Threats to Sanctuary Resources from oil
                         and Gas Activities   ..................................  49

                                         1
                14       Potential Oil and-Gas Impacts Mitigated by NOAA's
                         Preferred Alternative   ...............................  50

                                                  iv

                                            Terms of the Proposed Designation

             PART I: TERMS OF THE PROPOSED DESIGNATION

                  Title III of the Marine Protection, Research, and Sanctuaries

             Act of 1972, 16 U.S.C. 1431 et seq., as amended (MPRSA), authorizes

             the Secretary of Commerce to designate discrete areas of the marine

             environment of special national significance as National Marine

             Sanctuaries. National Marine Sanctuaries may be designated in

             those areas of coastal and ocean waters, the Great Lakes and their

             connecting waters, and submerged lands over which the United States

             exercises jurisdiction, consistent with international law

             (Figure 1). The National Oceanic and Atmospheric Administration

             (NOAA) manages the program through the Marine and Estuarine

             Management Division (MEMD) in the Office of Ocean and Coastal

             Resource Management.

                  The MPRSA (1434(a)(4)), provides that as a condition for

             establishing a national marine sanctuary, the Secretary of Commerce

             must set forth the terms of the designation. The terms must

             include: (a) the geographic area included within the Sanctuary; (b)

             the characteristics of the area that give it conservation,

             recreational, ecological, historical, research, educational or

             esthetic value; and (c) the types of activities that will be

             subject to regulation in order to protect those characteristics.

             The terms of the designation may be modified only by the same

             procedures through which the original designation was made.

                                              2

                                                  FIGURE 1

                          National Marine -Sanctuary Program

                            North Puget
                            Sotind
                  Western
                 WashinVon
                 Outer Coast
                   Cordell                            M                         Stellwagen
                   Bank                                                         Bank
            Gulf of    0
            the FaraUones 0
                Monterey                                                      Norfolk Canyon
                Bay .                                                        0 U.S.S. Monitor
                   Channel
                   Islands 0
                       Staunta 0 iica
                       Bay                                               Gray's Reef

                   V%                                          er
                                                         -00 G a rd e n    y Largo
                                                           Banks          A Wga to r Reef
            Fagatele        A Proposed                        Looe Key    Sombrero Reef
            Bay             0 CongraWotwUy Mandated                    American Shoal
                            0 Designated

              A.  Geographic Area Included in the Sanctuary

                  Monterey Bay is located along the central California coast

              about 50 miles (80 km) south of San Francisco (Figure 3). It is

              California's second largest bay and one of the few major bays along

              the entire Pacific Coast of the United States. Perhaps its most

              significant feature is also its least obvious: it possesses the

              deepest and largest submarine canyon along the west coast of North

              America.

                  The bay is an open embayment approximately 20 nautical miles

              (nmi) (37 km) long, north to south, and up to 9 nmi (16 km) wide in

              an east-west direction. It is symmetrical in shape with bights in

              the extreme northern and southern ends. It covers an area of
              approximately 160 nmi' (550 kM2) (Breaker and Broenkow, 1989).

              Monterey Canyon, equivalent in size to the Grand Canyon, divides

              the bay into two more-or-less equal northern and southern parts.

                  The proposed Sanctuary area includes both Monterey Bay itself

              and the adjacent coastline to the north and south. Specifically,

              it includes a Sanctuary area of approximately 2,200 square nautical

              miles and includes the coastal and ocean waters over and submerged

              lands under the entire Monterey Canyon between the northern

              boundary of Pescadero Marsh, 2.0 nmi north of Pescadero Point, and

              the southern boundary of Julia Pfeiffer Burns Underwater Park and

              Area of special Biological significance (ASBS), 2.5 nmi south of

              Partington Point, and extending from these sites seaward

              approximately 18 nmi on a southwesterly heading of 240* and joined

              by an arc of approximately 46 nmi drawn from Moss Landing over the

                                               4

                      Regional Context
                      1230               40'               20'               1220                 40'               20'
                                           '-,San Greqorio    Pescadero Creek
                                                    f
                                                        Pescadero Point

                                           .00#,Pigeon Ooint
                      1-                       Pt. Ano NNevo
                                                        \\_                          Soquel Creek
                                           100 NI-I         N\           Santa
                  370-                                    Dave\nport     Cruz-                                         370
                                           500                                                    Pajaro
                                                                                   0              River
                                                                                   :3
                                                                                    CD            Elkhorn
                                                                                    CD
                                                                      '0
                                              1,000                                               Slough
                                                                       0
                                                                                             Moss
                                                               1,100                        Landing
                            'SO

                   40' - -                               000                                                           40'

                                                                                   Monterey
                                                                                    Carmel

                                                                                   Point
                                                                                   Lobos
                                                                                                Carmel
                                                                                                River
                    20'                                                     Poi @S u r   Little Sur River              20'
                                                                                            Big Sur River

                                   Preferred Boundary                           --\,Partingt-dl-@.@oi Big
                                                                                            o4C     Creek
                                                                0*0%0
                                   StateWaters       1100                                 "00j)
                                                                                             Lop    oint
                   360                                                                                                 360

                            0    5
                            6?%J!W Nautical Miles
                            0   5
                                                                                                  ape San   rtin
                                                    I(ary",

                                   statute Miles                                                            r
                                                                                                C,          '@fin
                             Depths in Fathoms
                                                             S
                                                                                                               @@pint
                                                                 0                                           ge "*Point
                                                              V   0                                      Ragged
                      1230                40'               20'               1220                40'                 2()'

                      Figure 3. Proposed Monterey Bay Sanctuary Preferred Boundary Alternative.

                                          I

             entire Monterey Canyon complex out to the abyssal plain at 1,500

             fathoms (approximately 3,000 m). The land-side boundary extends to

             the mean-high tide level but Moss Landing, Santa Cruz and Monterey

             Harbors are all excluded from the Sanctuary boundaries (Figure 3).

             B.   Characteristics of the Area that Give It Particular Value

                  The unique characteristics of the proposed Sanctuary area are

             largely the result of a major topographic feature of the seafloor

             and a set of oceanographic conditions that combine to produce the

             highly productive waters characteristic of the bay. The size,

             configuration, and proximity to shore of the Monterey Submarine

             Canyon produces strong seasonal upwelling of nutrient-rich bottom

             waters. These highly productive nearshore waters in turn support

             diverse floral and faunal populations. The extensive kelp beds,

             and the diversity of rock types, sediment types, and shoreline

             characteristics combine with the nutrient-rich waters to form

             several habitat assemblages.

                  Monterey Bay has the most diverse algal community in North

             America. The area supports one of the largest diversities of

             marine mammals in the world, including the endangered California

             gray whale, finback whale, humpback whale, sperm whale, and

             California sea otter. Afio Nuevo, at the northern end of the

             proposed Sanctuary area, is the most important pinniped rookery and

             resting area in central and northern California. The bay area is

             important as a staging habitat for avifauna along the Pacific

             Flyway. The waters support extensive fish populations and major

                                               6

              west coast commercial fishing industries.

                   The highly diverse biota and the physical features of Monterey

              Bay combine to provide outstanding opportunities for scientific

              research. The wide variety of habitats are all readily accessible

              to researchers. There are nine research and/or education programs

              in the area (Figure 14).

                   Recreational fishing is a very popular activity both in

              Monterey Bay and the exposed coastal areas (Figure 16). Five major

              types of recreational fishing are pursued: private boat or skiff

              fishing,  partyboat fishing, spearfishing, pier and shore (surf)

              fishing,  and shellfishing.

                   The  Monterey Bay area is well known for recreational diving.

              The area  from Cannery Row on the Monterey Peninsula to Point Lobos

              State Underwater Reserve is the most popular diving area in all of

              central and northern California. More than 70 percent of all

              diving between Point Conception and Oregon occurs in this area

              (U.S. Department of the Interior, 1987).

                   Opportunities for nature observation include whale watching,

              viewing seabird nesting and roosting sites, and observing marine

              mammal pupping and haul-out areas.

                   Surfing is a popular activity throughout the bay area,

              especially at Pacific Grove, Moss Landing, Asilomar Beach, the

              mouth of the Big Sur river, and Santa Cruz. The main surfing

              season runs from late summer through early spring.

                   The Monterey Bay area also contains significant historical and

              cultural resources, such as native indian deposits and shipwrecks.

                                                  7

                        1230                   40'                   20'                 1220                    40'                   20'
                                                  'San Gre
                                                           gonoLjpe
                                                                        -escadero Creek                                                T
                                                      'to          escadero Point

                                                   -Pigeon Point
                                                       Pt. Ano Nuevo                              Soquel Creek
                                                  100                               Santa
                    370                                  ------f   Dzvenport         Cruz-                                                37-
                                                  500          tt
                                                                                            J-
                                                                                                 M               Pajaro
                                                                                                 0a.     _1----River
                                                      1,000                                                      Elkhom
                                                         N                                                 Moss  Slough
                                    Ano Nuevo State Reserve                                                Landing
                                               Long Marine Lab           00
                     40'             Elkhorn Slough National
                                  s uar ne esearc           eserve
                                   Moss Landing Marine Lab                                            rey
                                  Naval Po!traduate 9chOOq             d                         Carmel
                            Center            ean &naks is                IC       (N
                                            c
                                       Wnlierey      ay  quanum                                  Point
                                      Hopkins Marine Station                                     Lobos
                               Pt. Lobos Ecological Reserve                                                   Carmel
                                 Granite Canyon Marine Lab                                                    River

                     20'                                                                               Little Sur River                  20'
                                                                                       Point Sur

                                                                                                           ig Sur River

                                                                                                 A
                                                                                           -@,Partington Point       Big
                                                                       @000                                        Creek
                                                            0
                                                             0                                               A
                                                                                                           Lopez Point
                   360                                                                                                                   360

                             0      5
                                      Nautical Miles
                             0     5                                                                         Cape San Martin
                             62!@N Statute Miles

                               Depths in Fathoms

                                                                                                                        Ragged Point
                       1230                  40'                    20'                 1220                    40'                   20'
                                    \-T

                                                                                                             CZ             , @in
                                                                                                                             ged@ Point

                       Figure 14. Existing Research and Education Programs in the Monterey Bay Area.

                              40'                                        20'                                   1220                                        40'
                                   Z:San Gregorio                         I Pescadero Creek

                                                                 Pescadero Point
                                            I-10,

                                        Pigeon Point
                                    .100     Pt. Ano Nuevo                                                                      Soquel Creek
                                                                                                                    Abalone.
                             0                                                                       San     ta     Little-Neck Clam       Jacksmelt
                        37                                           Davenport                                                             Bocaccio. Surlpercn                   370
                                                                                                      Cruz-                                White Croaker
                                                                                                                                           Pismo Clam
                                    500                                                     . . . . . .
                                                                                                                                         Surfperch
                                                                     Cabezon,
                                                                                                                                         Pismo Clam
                                                                     Greenling,
                                                                                                                                                           Pajaro
                                                                     Rocklish
                                                                                                                                                 `4--River
                                                                       Rockfish. Ungcod.
                                                                                                                                                Washington
                                                                       Cabezon, Greenling,
                                                                       Abalon B
                                                                                                                                          Gaper. Clams_
                                                                                                     60                                                    Elkhorn
                                           1,000                                                                                                           Slough
                                                                                               1*00
                                                                                  o.kf,sh, Flatfish                                             Moss
                                                                                    gco
                                                                               @@@,nd Salmon
                                                                                                                                                Landing
                                                                                      Rockfish. Salmon
                                                                                1100  White Croaker                                           Pismo Clam
                                                                                      Sandab
                                                                                                                                                  Surfpercm
                                                                                          \^d

                                                                                                                                              Restricted Area
                                                                             Rockfish. Lingcod                       P
                          40'
                                                                 @000        Cabezon, Greenling                                                 ......                           40'
                                                                                                                                              On Certain Days
                                                                                          Cabezon.
                                                                                          Greenling,                                             California Halibut
                                                                                          Rockfish                                      rey
                                                                                                                            Carmel
                                                                                   Greenling, Lingcod
                                                                                   Rockfish, Cabezon
                                                                                                         07                 Point
                                                Pa rtyboat Fishing                                                          Lobos                      Carmel
                                                                                                                                                       River
                                                Partyboat &
                                                Skiff Fishing
                          20'         F-I       Skindiving                                                                              Little Sur River                         20'
                                      .......   Clamming                                                    Point Sur
                                                Pier & Shore
                                                Fishing                                                                                      Big Sur River
                                    0             5
                                     62%@ Nautical Miles
                                    0           5                                                                           A
                                     6?W% Statute miles                                                            -A-Partington Point                             Big
                                         Depths in Fathoms                                                                                             \'.00    Creek
                                                         00

                                                                                                                                               Lo
                                                                                                                                                    pezipoi
                                                                                                                              oil
                                                                                                                            Lot

                        36    40'                                        20'                                   1220                                        40'                   360
                                Figure 16. Location of Primary Sportfishing and Shellfishing                              Areas in Monterey Bay (From
                                                Central Coast OCS Regional Studies Program, 1989).

               C.   Activities Subiect to Regulation

                    A summary of the existing regulatory regime in the area of the

               proposed Monterey Bay National Marine Sanctuary (MBNMS) is included

               in Part III--(Section 1) Status Quo Alternative of the Attached

               DEIS/MP. The attached regulations and Designation Document

               describe the relationship between Sanctuary designation and other

               regulatory programs. The proposed Designation Document also

               includes a list of activities subject to regulation now or in the

               future.

                    To protect the Sanctuary's distinctive habitats, resources and

               qualities, the following activities may be regulated, including

               prohibition, to the extent necessary and reasonable to ensure the

               protection and management of the conservation, ecological,

               recreational, research, educational, historical and esthetic

               resources and qualities of the area:

                    a.   Exploring for, developing, or producing oil, gas or

                         minerals in the Sanctuary;

                    b.   Discharging or depositing any material or other

                         substance;

                    C.   Possessing, moving, or injuring, or attempting to

                         possess, move, or injure, a Sanctuary historical

                         resource;

                    d.   Drilling through, dredging or otherwise altering the

                         seabed of the Sanctuary; or constructing, placing or

                         abandoning any structure or material on the seabed of the

                         Sanctuary;

                                                  10

                  e.   Taking marine mammals in the Sanctuary or seabirds in or

                       above the Sanctuary;

                  f.   Flying over the Sanctuary in motorized aircraft at low

                       altitude;

                  9-   operating commercial (other than fishing) vessels in the

                       Sanctuary; and

                  h.   Operating thrill craft (e.g., jet skis, wet bikes, surf

                       jets, hovercraft, speed boats less than 13 feet in

                       length) in the Sanctuary.

                  However, any of the prohibited activities other than exploring

              for, developing, or producing oil, gas or minerals in the Sanctuary

              could be conducted lawfully if: necessary for national defense or

              law enforcement; necessary to respond to an emergency threatening

              life, property, or the environment; or pursuant to:

                   (1) a National Marine Sanctuary permit;

                   (2) a certification by the Director of the Office of Ocean and

              Coastal Resource Management of a valid lease, permit, license, or

              other authorization issued by any Federal, State, or local

              authority of competent jurisdiction as of (or if conducted pursuant

              to any valid right of subsistence use or access, in existence as

              of) the effective date of this designation subject to complying

              with any terms and conditions imposed by the Director as he or she

              deems necessary to achieve the purposes for which the Sanctuary was

              designated; or

                   (3) a valid lease, permit, license, or other authorization

              issued by any Federal, State, or local authority of competent

                                               11

              jurisdiction after the effective date of Sanctuary designation,

              provided that the Director was notified of the application in

              accordance with the requirements set forth in the regulations and

              the Director did not object to the issuance of such authorization,

              and such authorization contains, and the owner or holder complies

              with, such terms and conditions, as the Director deems necessary to

              protect Sanctuary resources and qualities.

                                               12

                                     Basis for Secretarial Designation Findings

                                              13

              PART II: BASIS FOR SECRETARIAL DESIGNATION FINDINGS

                   The Secretary must evaluate the proposal in terms of the

              Sanctuary designation standards in order to determine whether to

              designate an area of the marine environment as a National Marine

              Sanctuary. In a written decision document, the Secretary must find

              that (a) the area is of special national significance due to its

              resource or human-use values; (b) existing state and federal

              authorities are inadequate to ensure coordinated and comprehensive

              conservation and management of the area, including resource

              protection, scientific research, and public education; (c)

              designation of the area will ensure comprehensive conservation and

              management, including resource protection, scientific research, and

              public education; and (d) the area is of a size and nature that

              will permit comprehensive and coordinated conservation and

              management. In the case of the Monterey Bay area, Congress has

              mandated its designation as a National Marine Sanctuary. The

              DEIS/MP addresses the factors required in making the designation

              findings in more detail.

              A.   National Significance of the Area

              1.   Natural Resource and Ecological Qualities

                   The proposed Monterey Bay National Marine Sanctuary meets all

              of the site identification criteria developed by the Marine and

              Estuarine Management Division (NOAA, 1983). Typical of the

              Oregonian province, the Bay is strongly influenced by cool,

              relatively clear waters dominated by the California current. The

                                               14

             Monterey Submarine Canyon results in a strong upwelling of

             nutrient-rich water. The water quality in the central California

             region is known to be very good. The periodic upwelling and

             extensive, year-round mixing with the open ocean result in well-

             buffered, highly productive and well-oxygenated offshore waters.

             (However, a few specific areas within Monterey Bay, have shown

             deterioration in water quality but without further information on

             this deterioration Monterey Bay is currently classified as a

             Potentially Water Quality Limited Segment).

                  Consequently, the overall good water quality of the nearshore

             waters and the diversity of habitats support exceptionally rich and

             abundant floral and faunal communities that are unique to central

             and northern California. The variety of habitat assemblages is one

             of the major determinants of the rich intertidal and subtidal

             communities and represents the range of habitats to be found in the

             Oregonian province. The high density of habitat types and

             community assemblages provides an excellent environment for a wide

             variety of research projects and educational opportunities.

                  While there are submarine canyons elsewhere in the Oregonian

             province, the Monterey Submarine Canyon is unique in its size,

             configuration, and proximity to shore. This canyon, along with

             adjacent submarine canyons, enriches local water through strong

             seasonal upwellings, modifies currents and provides habitat for

             pelagic communities. The proximity of the canyon to the shore also

             provides a unique opportunity to the scientific community for deep-

             sea research. Monterey Bay itself is a rare geological feature as

                                              15

              it is one of the few large bays along the Pacific coast. This fact

              lends additional importance to this area as a resting and staging

              area for migrating birds.

                   The proposed Monterey Bay National Marine Sanctuary is

              characterized by a combination of oceanographic conditions an

              seafloor topography that produce a highly productive environmental

              setting. Oceanographic conditions off the coast are controlled by

              the California Current system. Upwelling occurs during the spring

              and summer when the California Current flows southward along the

              coast (Figure 5). Upwelling provides the nutrients which  are

              essential for high phytoplankton production in the surface waters.

              This high primary productivity forms the basis of a food chain

              which supports the areas diverse biological communities that range

              from algae and invertebrates to fish, seabirds and marine mammals.

              The occurrence of five habitat types contributes to the diversity

              of the living natural resources of the area. Habitats associated

              with the submarine canyon, the nearshore sublittoral, the rocky

              intertidal, the sandy intertidal and the kelp forest areas are all

              found in the Bay.

              (a) Benthic Organisms

                   The diversity of the plants and animals comprising the benthic

              communities related to the diversity of the habitats found in the

              area. The presence of warm and cold water species, deep and

              shallow water species, and several rare or uncommon species all

              within the relatively small area of Monterey Bay is unique.

                                               16

                                                        Point Ano Nuevo                   .Point Ano Nuevo
                   ,it Point Ano Nuevo
                                                                Santa Cruz
                                                                                                   Santa Cruz
                               Santa Cruz

                                                                 eN

                                                     i5
                                                      0

                                                                  Monterey
                                Monterey                                                            Monterey
                   0

                      0                                  'ZA
                                                                                                      Big Sur
                                                                   Big Sur
                                  Big Sur

                         0

                                                                                                                    Point
                                                                                                                    Piedras
                                              **-Point Piedras                    Point Pied                        Blancas
                                                                                           ras
                                                      Blancas                          Blancas
                                                                     B

                                 Direction of Flow                                  Area of Major Upwelling

                  Figure 5. Surface Ocean Currents in the Monterey Bay Vicinity: (A) Spring to Late Summer,
                               California Current, Upwelling; (B) Late Fall Through Winter, Davidson Current; (C)
                               Late Summer to Early Fall, Oceanic Period (Modified from Association of Monterey
                               Bay Area Governments, 1978).

                   Large marine algae, or seaweeds, are diverse and abundant in

               with over 450 of the 669 species of algae described for California

               present in the Monterey Bay area. The area has the largest marine

               flora of the temperate northern hemisphere, with numerous endemic

               species and the only population of one large understory kelp

               (Eisenia arborea) between southern California and Canada. It has

               been suggested that Monterey Bay may represent a biogeographic

               boundary for the distribution of algae. Forests of giant kelp and

               bull kelp dominate the algal communities, forming unique critical

               habitats with their own assemblage of characteristic organisms.

                   The Monterey Bay area has one of the most diverse and species-

               rich invertebrate faunas of any marine area of similar siz**e in

               the entire world (James Nybakken, pers. comm., 1989). Only two of

               the 33 or so known invertebrate phyla have not been collected in

               Monterey Bay. There may be more species of mollusks in Monterey

               Bay than in any other locality outside of tropical or semi-tropical

               areas. The bay is the northern limit of the range for many

               southern species and the southern limit of the range for many

               northern species. The numbers of species of shallow-water

               starfish, limpets and chitons, is the highest and most diverse in

               the world. A strange animal named Poeobius, which has been

               considered a missing link between two types of marine worms

               (annelids and sipunculans) and the cnidarian Tetraplatia, both

               uncommon in the world's oceans, are abundant in Monterey Bay. The

               rocky intertidal habitat has the widest assortment of invertebrate

               species. Deep water invertebrates such as sponges and soft corals

                                               18

            are found in the submarine canyon. Among the deep water species is

            the clam Calyptogena, which is the same genus as the giant clams of

            the thermal vent areas of the Galapagos Islands.

            (b) Fish

                The variety of fish species in the Monterey Bay area are many

            and varied. The diverse habitats of the area each have their own

            characteristic assemblage of fish. The submarine canyon for

            example, allows many uncommon deep-sea species to enter the Bay and

            come close to shore. 110 species of deep-living fishes belonging

            to 41 families were captured in the bay. Several of these species

            were previously unrecorded in the area, while others were extremely

            rare or far beyond their normal range. The extremely rare

            persimmon eelpout (Maynea californica) has recently been found to

            be abundant in the Monterey Canyon in association with its own

            unique bottom drifting seaweed habitat. A rare, deep-water North

            Pacific frostfish (Benthodesmus elongatus pacificus), previously

            unknown in California, and a rare prowfish (Zaprora silenus) have

            also been caught in the canyon habitat.

                 Fish of the nearshore subtidal habitats exhibit the greatest

            diversity. Commercially important fish such as pelagic schooling

            northern anchovy, Pacific herring, and jack mackerel are found here

            as are the large predators such as king salmon, sablefish, and

            sharks. Many important species of rockfish are found over rocky

            reefs.

                 Grunion and smelt spawn on the beaches of the sandy intertidal

                                             19

              areas in the inner bay. The kelp forests provide critical habitat

              for many fish species and provide protection to juvenile finfish.

              Rocky intertidal areas are characterized by a small and specialized

              group of fish adapted for life in tide pools and wash areas.

              (c) Marine Mammals

                   Twenty-six species of marine mammals have been observed in the

              Monterey Bay area, including five species of pinnipeds (seals and

              sea lions), one fissiped (the sea otter), and twenty species of

              cetaceans (whales and dolphins) (Table 5 and Figure 8).

                   The five species of pinnipeds considered common in the

              Monterey Bay area include California sea lions, Stellar sea lions,

              Northern elephant seals, Northern fur seals, and Pacific harbor

              seals. Afio Nuevo is the most important pinniped breeding site in

              the area and is the most important pinniped rookery and resting

              area in central and northern California.

                   California sea lions are the most abundant pinnipeds in the

              area (Bonnell et al., 1983). Sealions haul out on offshore rocks

              and islands. The autumn population on Afio Nuevo Island has reached

              more than 7,000 animals.

                   Although Afio Nuevo Island has the largest breeding population

              of Stellar (northern) sea lions south of Alaska (Loughlin et al.,

              1984), the numbers of this species have been declining throughout

              their range over the last 30-year period. These sea lions

              presently breed almost exclusively on offshore rocks to the

              northwest of Afio Nuevo Island. The latest aerial survey (in the

                                              .20

            Table 5. Marine mammals found in the Monterey Bay area. Status
                      abbreviations: SR - seasonal resident, YR - year-round
                      resident, ST - seasonal transient (A. Baldridge, pers.
                      comm., in Heimlich-Boran, 1988)

            Common Name                     Genus/Species                  Status

            PINNIPEDS:

            California sea lion             Zalophus californianus           SR
            Steller sea lion*               Eumatopias lubatus               SR
            Northern elephant seal          Mirounga angustirostris          SR
            Northern fur seal               Callorhinus ursinus              ST
            Guadelope fur seal              Arctocephalus townsendi          ST
            Harbor seal                     Phoca vitulina                   YR

            FISSIPED:

            Southern sea otter              Enhydra lutris                   YR

            CETACEANS:

            California gray whale           Eschrictius robustus             ST
            Blue whale                      Balaenoptera musculus            ST
            Fin whale                       Balaenoptera Physalus            ST
            Minke whale                     Balaenoptera acutorostrata       SR
            Humpback whale                  Megaptera novaengliae            ST
            Pacific right whale             Eubalaena qlacialis              ST
            Sperm whale **                  Physeter catadon                 ST
            Pygmy sperm whale               Kogia breviceps                  ST
            Baird's beaked whale            Berardius bairdi                 ST
            Cuvier's beaked whale           Ziphius cavirostris              ST
            Short-finned pilot whale        Globicephala macrorhynchus       ST
            Killer whale                    Orcinus orca                     ST
            False killer   whale            Pseudorca crassidens             ST
            Risso's dolphin                 Grampus griseus                  SR
            Pacific white-sided dolphin     Lagenorhynchus obliguidens       SR
            Northern right whale dolphin    Lissodelphis borealis            SR
            Dall's porpoise                 Phocoenoides dalli               SR
            Harbor porpoise                 Phocoena phocoena                SR
            Bottlenose dolphin              Tursiops truncatus               ST
            Common dolphin                  Delphinus delphis                ST

            ** Endangered     Threatened

                   1230               40'                20'               1220                40'                 20'
                                        '-San Gregorio    I Pescadero Creek

                                                  St Pescadero Point
                                                   H St
                                           Pigeon PoinH
                                             Pt. Ano Nu o iE                       Soquel Creek
                                                         t S     H
                370                                     Davenport     Santa                                         370
                                         500                         H        S7
                                                                        St C                   Pajaro
                                                                                               River
                                                                       $0        CD            Elkhom
                                                                                  CD
                                            1,000                                 le-    1,15@ Slough
                                                                        F J>11@           Moss
                                                             1100                         Landing

                 40' - -                               000                                                          40'
                                                                             /S CS
                                                                            Stronterey
                                                                             It 0M

                                                                                 Point
                                                                        IR    H  Lobos
                                                                                             Carmel
                                                                             @)s             River
                                                                                                                    20'
                 20'                                                           SUS     Little Sur River
                         C= California Sea Lion                           Poi it Jr!
                         E= Northern Elephant Seal                                       Big Sur River
                         F= Northern Fur Seal
                         H= Harbor Seal                                          A        H
                         S= Sea Otter                                        -\'Partington Point   Big
                         St= Stellar Sea Lion                                       1/1@     \ Is Creek
                                                   0\4                                    Lopez Point
               360       -                                                                                          360

                         0     5
                         625ZW Nautical miles                                                            E
                         0    5                                                             Cape San Martin
                         62WN statute miles

                           Depths in Fathoms
                                                                                                         J@E
                                                                                             C,           n

                                                                                                      Ragged Point
                   1230               40'                20'               1220                40'                 20'

                   Figure 8. Principal Sea Otter and Pinniped Areas of Concentration in the Monterey Bay Area
                              (U.S. Fish and Wildlife Service, 1981; California Department of Fish and Game, 1980;
                              in NOAA, 1982).

            summer of 1985) showed the population to be 1,169 animals,

            including 328 pups (Bonnell and Le Boeuf, unpubl. data). On April

            5, 1990 the Stellar sea lion was designated a threatened species by

            NOAA's National Marine Fisheries Service (55 FR 12645). Northern

            elephant seals are found in greatest numbers on Afio Nuevo Island

            and the adjacent mainland point. The breeding population at these

            locations presently numbers about 3,500 animals. Pacific harbor

            seals are year-round residents in the area, preferring to haul out

            at dozens of sandy beach and rock reef sites around the area. More

            than 1,800 animals were counted on land in this area during a

            survey in 1982. Northern fur seals rarely haul out on land. They

            prefer the open waters over the Monterey Canyon, with their

            greatest numbers occurring well offshore in waters 200 to 2000

            meters deep. They have been proposed for designation as a depleted

            species by the NOAA's National Marine Fisheries Service.

                 Twenty species of cetaceans have been observed in the Monterey

            Bay area, although only about one-third occur with any frequency.

            Six of the whales are listed as endangered species: the blue, fin,

            humpback, gray, right, and sperm.

                 Gray whales are seasonal migrants passing through the area

            twice on their yearly migration from Alaska to Baja California.

            These whales pass close to shore and are the object of most of the

            whale watching in the area. Blue whales, once considered only a

            summer visitor, have increased in number in the Monterey Bay area.

                 Minke and humpback whales feed close to shore in and near the

            Bay while fin whales prefer the deeper waters over the Monterey,

                                              23

              soquel, and Carmel canyons for feeding. The extremely endangered

              Pacific Right whale has not been seen in Monterey Bay. They were

              last seen in the area in 1986 and 1987, north of Aho Nuevo Island.

              Sperm, Pilot, false killer, Killer and two species of rare beaked

              wha les have also been sighted in the Bay.

                   Dall's porpoise and the harbor porpoise are commonly found in

              the Bay. The most numerous cetaceans are the Pacific white-sided

              dolphins, northern right whale dolphins, and Risso's dolphins.

              Bottlenose dolphins are found in small numbers (12-18) within the

              bay while common dolphins are found year round in large schools.

                   The California or southern sea otter is a threatened species

              that is found throughout the shallow waters of Monterey Bay from

              Point Pinos to Aho Nuevo Island. The California sea otter

              population is a remnant of the North Pacific population that was

              decimated by the commercial fur trade in the 18th and 19th

              centuries. In 1914, this population in California occupied a few

              miles of the rocky Point Sur coast and was estimated to contain

              about 50 otters. The present population is estimated to be fewer

              than 1800 animals (Saunders, 1989).

              (d)  Seabirds

                   The Monterey Bay area historically has been recognized as a

              uniquely important region of seabird occurrence. It is located on

              the Pacific Flyway and offers a protected area with a diversity of

              habitats for the variety of bird species present. The upwelling of

              nutrient-rich waters supports highly productive food webs which

                                              .24

            provide abundant seabird prey.

                 Ninety-four seabird species are known to occur in the Monterey

            Bay region. Twelve species are resident breeders or former

            breeders within the region. Common breeding species include

            Brandt's cormorants, western gulls, pigeon guillemots, and common

            murres (Dohl, 1983) (Table 4). The majority of seabirds occur here

            as non-breeding residents/visitors and spring/autumn migrants.

                 Four species of endangered birds are found in the area: the

            short-tailed albatross, the California brown pelican, the American

            peregrine falcon, and the California least tern. The western snowy

            plover, is a candidate species for being listed as endangered or

            threatened by the U.S. Department of the Interior. The

            southernmost relic population of the severely threatened marbled

            murrelet occurs at several isolated sites inland in the Santa Cruz

            mountains. The southernmost confirmed nesting site for rhinoceros

            auklets was recently established at Aho Nuevo Island. In addition

            the seacliffs of the Monterey Bay region support more nesting

            pigeon guillemots than the Farallon Islands, which has the largest

            single colony in California. Ashy storm-petrel populations

            currently number less than 10,000 birds. About 85% of them breed

            on the Farallon Islands. Almost all of them come to Monterey Bay

            to feed over the submarine canyon during the summer and fall.

                 Many shorebirds including sandpipers, turnstones, plovers,

            sanderlings, willets, and godwits gather on the beaches during

            spring migration. Aho Nuevo Bay is an important wintering site for

            Harlequin ducks (a species of Special Concern) and brant.

                                             25

              Table 4. Representative Seabirds and their Seasonal Status in the
                        Monterey Bay Area (from Briggs, et al., 1983).

              Breeding Species

              Double-crested cormorant            Forster's tern
              Brandt's cormorant                  Common murre
              Pelagic cormorant                   Pigeon guillemot
              Western gull                        Marbled murrelet
              Caspian tern                        Rhinoceros auklet
              Tufted puffin                       Brown pelican (until 1959)
              Snowy Plovers

              Winter resident/visitors

              Common loon                         Black scoter
              Arctic loon                         Surf scoter
              Western grebe                       Harlequin duck
              Red-necked grebe                    Herring gull
              Laysan albatross                    Glaucous gull
              Northern fulmar                     Black-legged kittiwake

              Spring/autumn migrants

              Flesh-footed shearwater             Long-tailed jaeger
              Mottled petrel                      South Polar skua
              Brant                               Laughing gull
              Red phalarope                       Sabine's gull
              Horned puffin                       Arctic tern
              Pomarine jaeger                     Common tern

              Summer/autumn (nonbreeding) residents/visitors

              Buller's shearwater                 Black storm-petrel
              Black-footed albatross              Royal tern
              Pink-footed shearwater              Elegant tern
              Sooty shearwater                    Xantus' murrelet
              Black-vented shearwater             Ashy storm-petrel

              Rarities

              Yellow-billed loon                  Brown booby
              Short-tailed albatross              King eider
              Cape petrel                         Black tern
              Greater shearwater                  Thick-billed murre
              Least storm-petrel                  Black skimmer
              Red-billed tropir-bi-rd-            Little gull

             (2) Historical, Cultural and Archaeological Significance

                 Cultural and historical resources are prehistoric and historic

             remains comprising a non-renewable resource base that provides

             anthropologists and historians with information for reconstruction

             of past cultural systems and behaviors (BLM, 1980). The coastal

             lands of central California contain numerous archeological sites,

             most of which represent Native American resources. The Monterey

             Bay area is within the former territory of the Costanoan Indians.

             Archeological evidence suggests that the earliest human occupancy

             of coastal California began well over 10,000 years ago with

             immigrants who were primarily hunters. About 7,500 years ago the

             people became dependent on shoreline resources and seed gathering

             (Meighan, 1965, in Gordon, 1977). The Costanoan economy was a

             continuation of this dependence. Old habitation sites can be

             located today by kitchen midden deposits (also called shellmounds)

             which accumulated in the villages. Many of these deposits on the

             coast are found in sand dunes at Aho Nuevo Point and above the

             rocky shoreline of the Monterey Peninsula.

                 offshore cultural and historical resources include aboriginal

             remains and sunken ships and aircraft. An in-house study conducted

             by the BLM in 1979 to compile and organize available shipwrecks

             data identified 1,276 vessels of historic interest that were

             reported lost along the central and northern coast of California.

                 The lighthouse at Point Pinos has been designated a national

             and California historic site. Multiple historic sites are located

             at Santa Cruz, Carmel and Monterey.

                                              27

              3.   Present and Potential Uses that Depend on Maintenance of the
                   Monterey Bay Area Resources and Oualities

              (a)  Commercial Fishing

                   The Monterey Bay area has a large and economically important

              commercial fishing industry. In 1987, a total of over 29 million

              pounds of fish with a value of almost $10 million was landed at

              Moss Landing, Monterey, Santa Cruz, and Salinas. Market squid

              represented the largest catch in terms of poundage, followed by

              rockfish, mackerel, sole, tuna, and anchovy. The various species

              of rockfish were the most important fish in dollar value, followed

              by salmon, swordfish, squid, and tuna. The diversity of the

              commercial catch is shown by the fact that 89 different species or

              species groups were landed at Monterey.

                   Related to fisheries are several aquaculture operations within

              the Monterey Bay area, which are dependent in large part on a clean

              source of ocean waters. Some operations collect organisms directly

              from the Bay while others grow and produce their own stocks through

              captive breeding. The industry include a silver and king salmon

              hatchery, a lobster hatchery, growing Pacific Oysters, culturing

              abalone, production of oyster and clam seed for grow-ou t to other

              growers, raising sea hares (a species of nudibranch or sea slug)

              and an algae research farm. Kelp is harvested commercially for

              alginate extraction and as food for abalone aquaculture.

              (b) Research and Education

                   A unique feature of Monterey Bay is the combination of

              biological and physical characteristics in the area that provide

                                               28

             outstanding opportunities for scientific research on many aspects

             of marine ecosystems. The diverse habitats are readily accessible

             to researchers. These institutions have a long history of research

             and large databases possessing a considerable amount of baseline

             information on the Bay area and its resources.

                 Six research facilities are located in the area: (1) The

             Hopkins Marine Station of Stanford University in Pacific Grove; (2)

             The Naval Postgraduate School in Monterey and the Center for ocean

             Analysis and Prediction (NOAA); (3) Moss Landing Marine

             Laboratories of San Jose State University; (4) The Long Marine

             Laboratories and the Institute of Marine Sciences of the University

             of California at Santa Cruz; (5) Granite Canyon Marine Laboratory

             of the California Department of Fish and Game, located on the Big

             Sur coast and (6) The privately owned Monterey Bay Aquarium.

             Research is being conducted in many fields, including the ecology

             of the rocky intertidal zone, physical oceanography, aquaculture,

             and studies on cetaceans, pinnipeds, and sea otters. Managing the

             natural resources and qualities of the Monterey Bay area is

             essential for future research opportunities to continue.

                  The Monterey Bay aquarium is operated by a non-profit

             foundation, and conducts a variety of research through their

             Research Division. Research is primarily focused on the natural

             nearshore habitats of the Bay, especially the kelp forest

             communities and sea otters.

                  The Monterey Bay Aquarium Research Institute was incorporated

             in May 1987. It is planning an extensive research project to study

                                              29

              the Monterey Submarine Canyon. It will use the R/V Point Lobos to

              launch a remote-operated unmanned submarine to explore the deep

              waters of the canyon (S. Webster, personal communication, 1989).

                   Extensive marine and coastal education and interpretive

              efforts complement Monterey Bay's many research activities. For

              example, over 7 million visitors, assisted by 500 volunteer guides

              trained in interpreting the marine environment, have experienced

              the interpretive exhibits of the Monterey Bay Aquarium since it

              opened in fall of 1984. Over 70,000 school children participate in

              aquarium education programs each year (J. Packard, personal

              communication, 1989). A number of other institutions have highly

              successful interpretive programs as well. For example: Pt. Lobos

              Ecological Reserve, Elkhorn Slough National Estuarine Research

              Reserve, Long Marine Laboratory and Aho Nuevo State Reserve all

              have excellent docent programs serving the public, and marine

              related programs for school groups and teachers (J. Packard,

              personal communication, 1989). In addition, marine related post-

              secondary and/or postgraduate education is available through three

              local colleges: the University of California Santa Cruz; Moss

              Landing Marine Laboratories and the Naval Postgraduate School.

              (c) Recreation and Tourism

                   The primary recreational activities are sportfishing, boating,

              hiking, skindiving, sightseeing, nature observation, and surfing.

                   Recreational fishing is popular both in Monterey Bay and the

              exposed coastal areas. Fishing takes place from private boats,

                                               30

             partyboats, and from piers, jetties and the shore. Rockfish,

             Pacific sanddab, lingcod, and mackerel are some of the species

             caught. Clam digging occurs along many beaches, while shellfish

             such as limpets are collected from rocky tidepools.

                  Recreational boating activities originate primarily in the

             harbors of Santa Cruz, Monterey, and Moss Landing. Each harbor has

             a marina servicing recreational boaters, commercial fisherman, and

             partyboat charters. Approximately 2,100 boat slips are available

             in these harbors.

                  Nature observation occurs in the form of whale watching,

             viewing seabird nesting and roosting sites, and observing marine

             mammal pupping and haul-out areas. Partyboats are used for nature

             observation tours, including watching blue whale and migrating

             California gray whales. Rocky shorelines provide the hiker with

             the opportunity to view the fascinating flora and fauna associated

             with the rocky intertidal habitats. There are thirty-one state

             beaches, parks, refuges, reserves, and historic parks, operated by

             the California Departments of Parks and Recreation and Fish and

             Game, who manage these areas for their natural resource and nature

             observation qualities.

                  Skin and SCUBA diving is extremely popular throughout the

             Monterey Bay area. Popular diving spots range along the Monterey

             Peninsula to the various Underwater Parks and Reserves.

                  Surfing is a popular activity throughout the bay area

             especially from late summer through early spring. Santa Cruz has

             been a major surfing area since the turn of the century.

                                              31

                  Monterey Bay has been a tourist attraction since the late

              1800's. The Monterey Bay Aquarium opened in 1984 and currently

              attracts about 1.6 million visitors annually. Numerous protected

              areas of special environmental significance such as Point Lobos

              Ecological Reserve allow varying levels of public usage.

                                              32

             B.   Inadeguacy of Existing State and Federal Authorities to Ensure
                  Coordinated and Comprehensive Conservation and Management

             1.   Need for Comprehensive Management and Protection

                  While Monterey Bay has thus far enjoyed the reputation as an

             internationally renowned scenic area with good water quality, such

             success can not realistically be expected in the future without

             deliberate protection.

                  So far the variety of human uses has not dramatically altered

             or damaged the resources of Monterey Bay. However, many people are

             concerned about the potential conflicts and cumulative effects as

             the area becomes more heavily populated and visited by increasing

             numbers of tourists. In addition to tourism and recreational

             increases, business, commercial and industrial uses of the area are

             also increasing. Oil and gas exploration, development and

             production in the northern Bay area is being considered with

             proposed Lease Sale #119. Thus far, only the "Call for

             Information" step has been completed by MMS for the proposed sale

             and no further activities are being carried out.

                  The Bay area also is a place for dredge and waste disposal.

             Two sites off Moss Landing are used for discharging dredge spoils.

             Point source pollution from municipal and industrial wastes are

             dumped into the waters at various outfalls and municipal plans for

             additional outfalls and discharges into Monterey bay are being

             considered. Non-point agricultural runoff also enters the Bay

             primarily from the major agricultural areas of the Salinas and

             Pajaro Valleys. To a large extent these activities are presently

                                              33

             regulated by existing management authorities; however, Sanctuary

             designation can provide additional monitoring, research and

             management coordination to ensure that these activities continue in

             a way that protects the natural and historical resources of the

             Monterey Bay area.

                  Making a more indirect use of the area are the commercial

             ships that regularly traverse the outer reaches of the area as part

             of the route from San Francisco to Los Angeles, with infrequent

             vessel traffic to Moss Landing, Santa-Cruz, or Monterey. Although

             this traffic is not yet a major concern, contingency plans designed

             to react to oil spills resulting from tanker accidents are being

             formulated and can be coordinated with Sanctuary designation.

                  Existing programs to protect significant resources within the

             Monterey Bay area and to provide recreational and interpretive

             opportunities have placed considerable emphasis on the protection

             of coastal resources but have not given the same attention to

             marine resources. Such critical marine areas as the waters around

             Aho Nuevo Island and over the Monterey Submarine Canyon receive no

             special attention by resource managers. The waters of the Big Sur

             and San Mateo coastline receive limited protection but lack a

             mechanism to establish research priorities and coordination and

             develop Emergency Response plans for potential accidents such as

             groundings and/or oil spills. With current resources of existing

             programs being limited, the coordination of resource protection and

             management programs is essential. The Monterey Bay Sanctuary could

             provide an important role in such coordination.

                                              34

              2.  Existing Authorities

                  The proposed Monterey Bay National Marine Sanctuary is located

              in both Federal and State waters and is therefore under the

              jurisdiction of Federal and State of California statutes.

                  The Federal agencies with existing primary responsibilities in

              the area of Monterey Bay are: the National Marine Fisheries Service

              (NMFS) of the Department of Commerce; the Environmental Protection

              Agency (EPA); U.S. Fish and Wildlife Service (FWS) and the

              minerals Management Service (MMS) of the Department of the

              Interior; the Corps of Engineers (COE), the Department of the Army

              and the Department of the Navy of the Department of Defense; and

              the U.S. Coast Guard (USCG) of the Department of Transportation.

              i.  Federal

                  The NMFS works with the California Department of Fish and Game

              (CDF&G), under the Magnuson Fishery Conservation and Management

              Act, on approving and enforcing Fishery Management Plans (FMPs)

              prepared by Regional Fishery Management Councils. Through a

              cooperative enforcement agreement, the CDF&G is also deputized to

              enforce FMPs beyond three miles from the State's coastal baseline.

                  NMYS shares responsibility with the FWS for implementation of

              the Marine Mammal Protection Act and the Endangered Species Act.

              The protection of cetaceans and pinnipeds is the responsibility of

              NMFS. The FWS is responsible for protecting endangered bird

              species and some marine mammals (such as the southern sea otter).

              Four of these bird species: the California brown pelican, the

                                               35

             American peregrine falcon, the short-tailed albatross, and the

             California least tern, are found in the vicinity of Monterey Bay as

             well as the majority of the entire population of southern sea

             otter.

                  The USCG, in addition to its enforcement of fishing

             regulations, is responsible for enforcing regulations under the

             Clean Water Act (CWA) and the Comprehensive Environmental Response,

             Compensation and Liability Act (CERCLA) to prevent pollution caused

             by discharges from vessels of oil, hazardous substances, or other

             pollutants. The USCG is also responsible for regulating vessel

             traffic, maintaining boater safety, and coordinating search and

             rescue operations.

                  The EPA and COE have regulatory responsibilities with regard

             to sewage outfalls, and ocean dumping. Sewage outfall regulation

             is governed under the Clean Water Act (CWA) via the National

             Pollutant Discharge Elimination System (NPDES), administered by the

             EPA. Under the NPDES program, a permit is required for the

             discharge of any pollutant from a point source into the navigable

             waters of the United States, the waters of the contiguous zone, or

             ocean waters. Within California state waters, EPA has delegated

             NPDES permitting authority to the State government. Title I of the

             Marine Protection, Research, and Sanctuaries Act prohibits the

             transportation of any materials from the United States for the

             purpose of dumping them into the territorial sea, the contiguous

             zone, and the ocean beyond without a permit from EPA.

                  The COE grant permits that are based on EPA guidelines for the

                                              36

             discharge of dredged materials into State waters. The COE has sole

             jurisdiction over marine construction, excavation or fill in any

             navigable waters of the United States.

                  Pursuant to the Rivers and Harbors Act, a permit must be

             obtained from the COE prior to any marine construction, excavation

             or fill activities in any navigable waters of the United States (33

             U.S.C. � 403). The COE may refuse to issue permits on the basis of

             a threat to navigation or potential adverse effects on living

             marine resources.

                  The MMS is responsible for the overall management of offshore

             oil and gas exploration and development operations in accordance

             with the provisions of the Outer Continental Shelf Lands Act

             (OCSIA). These include enforcement of regulations pursuant to the

             OCSLA (30 C.F.R. Part 250) and the stipulations applicable to

             particular leases discussed above. This responsibility was

             formerly divided between the Bureau of Land Management and the U.S.

             Geological Survey.

                  The United States Army maintains an offshore restricted area

             extending approximately 8,000 yards offshore from its Fort Ord

             Military Installation. The restricted area functions as a safety

             buffer to protect the seagoing public from stray firearm rounds

             escaping from small arms firing ranges at Ford Ord. The ranges are

             used intermittently throughout the year. In addition, a U.S. Navy

             operating area exists in the northeast section of the Bay. This

             ocean space is reserved for mine sweeping practice maneuvers during

             specified months of the year.

                                              37

             ii. State Agencies

                  The California state agencies with existing primary

             jurisdiction in the area of Monterey Bay are: the Coastal

             Commission (CCA), the Regional Water Quality Control Board (RWQCB),

             the State Lands Commission (SLC), the Department of Fish and Game

             (CDF&G), the Department of Parks and Recreation (CDP&R), the Air

             Resources Board (ARB) and the Historical Resources Commission

             (HRC).

                  The California Coastal Act of 1976 (the CCA) is the foundation

             of the California Coastal Management Program. The CCA establishes

             the State Coastal Commission and various regional commissions to

             implement the Act, granting it permit authority until such time as

             local governments adopt local plans approved by the Commission. It

             establishes a comprehensive set of specific policies for the

             protection of coastal resources and the management of orderly

             economic development throughout the coastal zone. The CCA defines

             the coastal zone as the land and water area of the State, extending

             seaward to the outer limit of the State's jurisdiction, including

             all offshore islands, and extending inland generally 1,000 yards

             from the mean tide line. In significant coastal, estuarine,

             habitat, and recreational areas, it extends inland to the first

             major ridge line or 5.0 nm. (8.0 km) from the mean high tide,

             whichever is less.

                  The State Lands Commission has jurisdiction over all state

             owned lands and State submerged lands extending seaward to 3.0 nm

             (5.6 km) from the mean high tide line. Administration of State

                                              38

            lands includes leasing of these lands for various legislatively

            authorized purposes; in particular, oil and gas exploration and

            development.   In addition, as the State agency with sole

            responsibility for administering the trust, the SLC has adopted

            regulations for the protection and use of public trust lands in the

            coastal zone.

                 The CDF&G is responsible for enforcing California fishing laws

            in the 200-mile wide exclusive economic zone as well as in State

            waters of the territorial sea. The CDF&G also assists in the

            enforcement of Federal fishery regulations and works with other

            Federal and State agencies with water quality projects and

            environmental reviews.

                 In order to protect special marine resources and water-based

            recreational values in ocean waters within state jurisdiction and

            to expand coastal park units beyond the water's edge, the

            California Department of Parks and Recreation (CDP&R) has

            established an Underwater Parks Program which is managed in

            conjunction with CDF&G. CDP&R is also responsible along with the

            National Forest Service, U.S. Dept. of Agriculture for the

            management of the Los Padres National Forest.

                 The Porter-Cologne Water Quality Control Act is designed to

            enhance and maintain water quality in State waters, including ocean

            waters, under the jurisdiction of the state. The State Water

            Resource Control Board (SWRCB) and the nine regional water quality

            control boards (RWQCB) have primary authority for regulating water

            quality in California. The authority to administer the NPDES

                                             39

             permits has been delegated by EPA to the SWRCB and by the State to

             the Regional boards.

                  The California Air Resources Board (ARB) is charged with the

             maintenance and enhancement of the ambient air quality of the

             State. The ARB has set air quality standards designed to meet

             EPA's National Ambient Air Quality Standards and delegated their

             implementation to local Air Pollution Control Districts (APCDs).

                  State preservation of representative and unique

             archaeological, paleontological, and historical sites in the land

             and water areas of the state is the responsibility of the

             California Historical Resources Commission. The Commission

             evaluates and makes recommendations to the State Historic

             Preservation Officer on nominations to the National Register. The

             Commission also recommends state registration of sites as landmarks

             and points of interest to the Public Resources Department which is

             responsible for maintenance of registered sites.

             3.   Inadeguacy of Existing Authorities

                  Under the status quo Monterey Bay will not have the degree of

             management, protection, research or public education that is

             necessary for the protection of its significant resources. A

             variety of State and Federal governmental agencies and departments

             are responsible for regulating the proposed Sanctuary uses and

             managing individual resources situated therein. Generally, these

             arrangements -- jurisdictionally fragmented as they are -- serve

             single purpose goals based on specific legislation. These

                                              40

             regulatory activities are not performed in the context of a

             comprehensive management plan. No organizational structure exists

             to coordinate management and regulatory activities for the entire

             Monterey Bay area, and individual agency authorities do not appear

             to provide the area with sufficient long-term protection reflective

             of the exceptional diversity of natural resources found in the

             Monterey Bay coastal and offshore region. In fact, faced by

             prospects of more intense human activity threats, the capacity of

             existing agencies to perform effectively may deteriorate due to

             limited staffing, equipment, and enforcement funds.

                  In addition, because the complex web of existing authorities

             is characterized by quite narrowly defined missions, severe

             interjurisdictional policy conflicts have occurred and may worsen

             in the future. As use pressures mount, overall management

             effectiveness may suffer. At present no one institutional entity

             is able to facilitate conflict resolution in the interest of marine

             resource protection and management. The absence of such an

             integrative mechanism is of great concern to the community given

             the presence of so many resources, which in turn support a variety

             of valuable human uses. Some specific examples of inadequate

             management and protection follow.

                  The California Departments of Parks and Recreation, and Fish

             and Game manage 16 State beaches, 4 State reserves, 5 State Parks,

             3 State refuges, and 2 State Historic Parks within the proposed

             Sanctuary area. These areas, along with the Elkhorn Slough

             National Estuarine Research Reserve and the Los Padres National

                                              41

             Forest, protect nearshore, intertidal and coastal resources but do

             not provide the same protection to marine areas such as the waters

             around Aho Nuevo Island and over the Monterey Canyon. In reality,

             of course, marine mammals, seabirds, and other marine fauna depend

             on habitats and foraging areas far more extensive then those

             covered by existing protective regulations.

                  The California Department of Fish and Game shares jurisdiction

             over fishing operations in Monterey Bay waters with the National

             Marine Fisheries Service. The Magnuson Fishery Conservation and

             Management Act (MFCMA) provides for enforcement of Fishery

             Management Plans (FMP's) prepared by the Pacific Fishery Management

             Council and approved by the Secretary of Commerce after review by

             the National Marine Fisheries Service. Although the existing

             regime provides protection to Monterey Bay from the effects of

             overfishing, it is inadequate in preventing adverse effects to Bay

             resources from other activities.

                  Regulations exist that cover the contamination of ocean waters

             by discharges from a variety of sources, including: 1) discharges

             from point sources (which require a National Pollutant Discharge

             Elimination System permit); 2) discharges from non-point sources;

             3) discharges of oil and hazardous substances; and 4) ocean

             dumping.

                  The CWA prohibits the discharge of oil and other hazardous

             substances "which may affect natural resources ..... under the

             exclusive management authority of the United States" (33 U.S.C. ��

             1251-1367). The CWA also provides for the establishment of the

                                              42

             National Contingency Plan to contain, disperse, or remove oil and

             hazardous substances after a spill (see Part II, Section III). The

             CWA thus furnishes some protection to marine resources from the

             harmful effects of effluent discharges. The CWA, however, provides

             for a maximum penalty of only $10,000 for a single discharge

             incident without the initiation of a civil action. This does not

             provide a sufficient deterrent for protecting important Sanctuary

             resources; $50,000 is the maximum penalty allowed per day under the

             MPRSA. Moreover, without Sanctuary designation, there probably

             would be no specialized effort by USCG to enforce the CWA in the

             Monterey Bay area as distinct from other offshore waters.

                  The international agreement (Annex V, MARPOL) regulating

             garbage disposal from ships and other watercraft is now part of the

             amendments to the Act to Prevent Pollution from Ships (APPS).

             Animals and birds may eat or become entangled in floating or

             submerged wastes such as plastic packing materials or discarded

             fishing lines. An opportunity exists to help attain the goals of

             the APPS through the Sanctuary regulations prohibiting discharges

             and deposits.

                  Under the Outer Continental Shelf Lands Act! the Secretary of

             the Interior has the responsibility for regulating activities

             associated with oil and gas leasing. Lease Sale 119 is currently

             on hold but there is no guarantee that portions of the Sanctuary

             will be excluded from this or future Lease Sales.

                  The U.S. Departments of the Interior and Commerce each have

             the authority to designate and protect oceanic habitats if found to

                                              43

             be "critical," for species listed as "endangered" under the

             Endangered Species Act (ESA). The Marine Mammal Protection Act

             (MMPA) and the ESA prohibit the "taking" of marine mammals and

             threatened or endangered species. The Migratory Bird Treaty Act

             prohibits the taking of migratory birds, The term "taking" has

             been interpreted broadly by the administering agencies, so that the

             ESA and MMPA provide considerable protection. However, the

             potential threats to marine mammals and endangered species range

             from direct injuries to a specific animal or population to indirect

             or cumulative degradation of their habitats. Neither the MMPA nor

             the ESA fully address such degradation of habitats with the

             exception of Section 7(a) of the ESA, which does provide protection

             against actions which jeopardize endangered species or their

             critical habitats. However, this section applies only to

             activities authorizedl funded or carried out by Federal agencies,

             not to private or state actions. There is no explicit provision

             for the designation or protection of marine mammal habitats under

             the MMPA.

                  Although the present management regime appears to be effective

             in regulating fisheries, it is inadequate in protecting Monterey

             Bay habitats from the effects of waste discharges. It is also weak

             in providing long-term protection from the effects of oil, gas and

             mineral activity. Moreover, because the agencies that now have

             regulatory responsibility in the area act independently on the

             basis of their own statutory mandates, there is little likelihood

             that the present management regime could organize the research and

                                              44

            monitoring program needed to identify environmental changes or that

            it would respond adequately to increased human activity on the

            basis of ecosystem or habitat issues.

                 Finally, these regulatory activities are not performed in the

            context of a comprehensive management plan and no organizational

            structure exists to coordinate research and regulation. There is

            no systematic environmental monitoring program nor is there a

            mechanism for applying research findings to the resolution of

            management issues.

                                             45

              C.  Benefits and Effects of Sanctuary Designation

              1.  Ensuring Comprehensive Conservation and Management of the Area

                  The designation of the Monterey Bay National Marine Sanctuary

              would permit the implementation of a coordinated and comprehensive

              management plan resulting in long-term most cost-effective

              protection of Nationally significant natural and historical

              resources, critical habitats and qualities which generate tourism.

                  Sanctuary designation would promote resource protection in

              three ways: (1) it would bolster the existing regulatory and

              enforcement regime; (2) it would provide a coordinated research

              program to expand knowledge of the Monterey Bay environment and

              resources and thus provide the basis for sound, long-term

              management; and (3) it would include a broad-based interpretive

              program to improve public understanding of Monterey Bay's

              importance as habitat for a unique community of marine organisms

              and of the need for a long-term, comprehensive management framework

              to protect this habitat.

              (a) Resource Protection

                  The following seven regulations are proposed governing:

              hydrocarbon activities; discharges and deposits (both from within

              and outside of Sanctuary boundaries); overflights; alteration of or

              construction on the seabed; historical resources; and marine

              mammals and seabirds. Two other activities are potentially subject

              to regulations: commerical (other than fishing) vessel traffic and

              operation of "thrill craft".

                  These activities are subject to regulation, including

                                              46

            prohibition, to the extent necessary and reasonable to ensure the

            protection and management of the conservation, ecological,

            recreational, research, educational, historical and esthetic

            resources and qualities of the area. The overall effect of these

            regulations, narrowly focused on specific activities, will be

            beneficial.

            (i) Oil and Gas Activities

                 The first activity prohibited would be exploring for, develop-

            ing, or producing oil, gas or minerals in the Sanctuary (Figure

            11). The resources and qualities of the Monterey Bay area,

            particularly sea otters, sea birds, and pinnipeds that use the

            haul-out sites, kelp forests and rocks along the Monterey Bay

            coast, and the high water quality, are especially vulnerable to oil

            and gas activities in the area (Table 13 and 14). A prohibition on

            oil and gas activities within the proposed Sanctuary boundaries

            will provide partial protection from oil and gas activities for the

            resources and qualities within the proposed boundaries. A

            prohibition on mineral activities within the proposed boundaries is

            necessary to be consistent with the prohibition on alteration of,

            construction on, etc., the seabed as discussed below.

                                             47

                                                         124"                          40'                            20'   38                                 1230            40'                            20'

                                               124'                                                        %00                 Potnt Rers
                                                                                                       %                                                       Draks
                                                                                                                                                               'ey

                                                                                                                                                                                                                                1221

                                                                                                                                           Duxbury             ini
                                                                                                                                                               .-inl
                                                  20'                                                                           Gulf of the
                                                                                                                                 Farallones
                                                                                                                                        0 eS
                                                                                                                          National Marine Intu.ry
                                                                                                                                                               Poin Bonita
                                                                                                                                                               Point Lobos
                                                                                                                                                               n F@ancisco          Oakland                                     38'

                                                                                                                                                               Pedro

                                                37*
                                                                                                                                                               Point

                                                                                                                               ..........                      egono
                                                                                                                                                                                                                                40'
                                                                                                                                           f                   int

                                                                                                                                                               int Pescadero
                                                                                                                                                               Creek

                                                 40'
                                                                                                                                                               0

                                                                                                                               . . . . . . . . . . . . . . . . . . . . . . . . . . ..

                                                                                                                                                               port             Soquel Creek                                    20'
                                                                                                                                                               Santa
                                                                                                                                                               Cruz
                                                                                                                                                               S

                                                                                                                           %
                                                                                                                   1600
                                                                                                                                                                                      Pajaro River
                                                                                                                                                                     co    Moss    Elkhorn Slough
                                                                                                                                                                         Landing                                                37*
                                                                                                                                                               Monterey
                                                                                                                                                               Carr;;@e
                                              123*                                                                                                             Point@,
                                                36"                                                                                                            Lobo                               N

                                                                                                                                                                                                                                121
                                                                                                                                                               Carmel River

                                                                                                                               Point Sur                       Little Sur River
                                                                                                                                                               Big Sur River                                                    40'

                                                                                                                                                               Partington Point    0       5
                                                                                                                                                                                   6M%iP!Q Nautical Miles
                                                                                                                                                                                   0     5
                                                 40'                                                                                                                               6mas@ Statutemiles
                                                                                                                                                                                   Depths i, Fathoms
                                                                                                                                                               Big Creek

                                                                                                                                                               Lopez Point
                                                                            Most Likely Areas                                                                                                                                   20'
                                                                            for Platforms                                                                      1,3 Plaskeft Rock
                                                                            Areas Proposed for                                                                 Cape San Martin
                                                20           .............  Offshore Oil Drilling
                                                             ..............
                                                             .............
                                                                            Lease Sale #119                                                                    Salmon Creek

                                                                            Preferred Sanctuary Boundary                                                       IPoint Piedras Blancas
                                                                                                                                                               %                                                                36*
                                                                            State Waters Boundary
                                                                                                                                                                     San Simeon Creek

                                                                                                                                                                     Cambria

                                                                            122"                          40'                            20'                         121-                         40'

                                                      Figure 11. Potential Oil and Gas Development in the Vicinity of Monterey Bay.

             Table 13. Summary of Threats to marine mammals, seabirds, and
                        marine organisms resulting from offshore oil resources
                        development and production (modified from University of
                        California, Santa Cruz, 1976.)

             Activity/Facility      Chronic Hazard    Episodic/Catastrophic Events

             Exploration
                Seismic             Noise,                 Sub-surface noise,
                  Profiling          "startle effect"       concussion
                Drilling                                   Siltation,
                                                            Turbidity increase
                Boat Traffic        Sub-surface noise and
                                    propeller hits

             operation
              offshore facilities
                Platforms           Intrusion
                Well head           Leakage/seepage        Blow-out
              Support
                Supply boats        Sub-surface noise and
                                    propeller hits
                Aircraft            Noise in the air

             Transport
                Pipelines           Leakage                Rupture
                Pumping buoys       Leakage
                Barges/Tankers      Bilge oil intrusion    Collision or grounding

             Clean-up
              oil on water          Intrusion
                -Skimmers
                Burn-off                                   Pollution--air
                Chemicals           Toxicity of Chemical   Pollution--water

              Grounded oil                                 Pollution--sediments
                  Booms             Dispersants            Disturbance to sensitive
                                                           bird and mammal
                                                           populations on beaches by
                                                           human intrusion and
                                                           aircraft activity
                 .Straw
                  Chemicals
                  Presence of crew                         Habitat destruction
                  and equipment

               Table 14.    Potential oil and gas development impacts mitigated by
                            NOAA's preferred Sanctuary alternative.

               REGULATION                             PROTECTION PROVIDED

               1. No future hydrocarbon       --Creates a broader buffer area
               exploration or exploitation      against potential oil spill
               within the designated            threats and provides increased
               Sanctuary.                       response time for cleanup
                                                efforts in case spills occur.

                                              --Increases distances between
                                                potential spill/pollutant
                                                discharge point (i.e. rigs,
                                                platforms and pipelines) sensitive
                                                and resources which allows natural
                                                weathering and dilution of
                                                contaminents bereaching important.
                                                marine life concentration areas

                                              --Excludes noise and visual dis-
                                                turbances of routine operations from
                                                the vicinity of important marine
                                                life habitats.

                                              --Reduces potential visual intru-
                                                sion on aesthetic values of,the
                                                31 Units of State Park, Beach,
                                                Reserves and Refuges and the
                                                proposed Sanctuary itself.

                                              --Reduces potential air pollution.

            (ii) Discharges and Deposits within the Boundaries of the Sanctuary

                The second activity prohibited would be depositing or

            discharging from any location within the boundaries of the

            Sanctuary materials or other substances except fish, fish parts,

            chumming materials or bait used in or resulting from normal fishing

            operations in the Sanctuary; biodegradable effluents incidental to

            vessel use generated by marine sanitation devices approved by the

            U.S. Coast Guard; water generated by routine vessel operations

            (e.g., cooling water and deck washdown) excluding bilge pumping; or

            engine exhaust (Figure 15). This prohibition is necessary in order

            to protect the Sanctuary resources and qualities from the effects

            of pollutants deposited or discharged into the Sanctuary.

            (iii) Discharges or Deposits from Beyond the Boundaries of the
                 Sanctuary

                 The third activity prohibited would be depositing or discharg-

            ing, from beyond the boundaries of the Sanctuary, materials or

            other substances, except for the exclusions discussed above for the

            second activity, that subsequently enter the Sanctuary and injure a

            Sanctuary resource or quality (Figure 15). The intent of this

            prohibition is to protect the Sanctuary resources and qualities

            from the harmful effects of land and sea-generated non-point and

            point source pollution.

                                             51

                                               Santa Cruz

                                                 ;v,

                                               North Monterey Bay
                                                                                             e@
                                                 Prohibition Area

                              MONTEREY BAY
                                                                               A
                                                                              B     4    ..:'Moss
                                                                                           Landing

                              K E Y                                                     *4.-
                        City of Santa Cruz
                        Municipal Wastewater
                        City of Watsonville
                        Municipal Wastewater
                        P.G.& E. Industrial
                        Discharge
                        National Refractories
                        and Mineral Corp.
                        Industrial Discharge
                                                               Pt. Pinos &
                    05  Monterey Regional
                                                          Southern Monterey Bay
                        Water Pollution                      Prohibition Area
                        Control Agency
                        Regional Wastewater
                    @) marina Co. water
                        District Municipal
                        Wastewater
                                                                     Monterey
                    0 Carmel Sanitary
                        District                           . . . . . . .

                        Dredged Material
                        Disposal Sites
                                                   Carmel Bay
                                                                      Carmel piver
                     A Disposal Site SF-12
                     B Disposal Site SF-1 4                0

             Figure 15. Existing Ocean Discharges and Dredged Material Disposal Sites in Monterey and
                       Carmel Bays (Modified from Earth Metrics, 1986).

            (iv) Historical Resources

                 The fourth activity prohibited would be moving, possessing, or

            injuring or attempting to move, possess, or injure a sanctuary

            historical resource. Historical resources in the marine

            environment are fragile, finite and non-renewable. This

            prohibition is designed to protect these resources so that they  may

            be researched and information about their contents and type made

            available for the benefit of the public.   This prohibition does

            not apply to accidental moving, possession or injury during normal

            fishing operations.

            (v) Alteration of, or construction on, the Seabed

                 The fifth activity prohibited would be drilling through,

            dredging or otherwise altering the seabed of the Sanctuary; or

            constructing, placing or abandoning any structure or material on

            the seabed of the Sanctuary, except as a result of: anchoring

            vessels; normal fishing operations; routine harbor maintenance;

            installation of navigation aids; maintenance of mariculture

            operations existing as of the effective date of these regulations;

            and the construction of docks and piers. The intent of this

            prohibition is to protect the resources of the Sanctuary from the

            harmful effects of activities such as, but not limited to,

            excavations for archeological purposes, drilling into the seabed,

            strip mining, ocean mineral extraction and dumping of dredge

            spoils.

                                             53

               (vi) Taking marine Mammals and Seabirds

                    The sixth activity prohibited would be taking marine mammals

               in the Sanctuary or seabirds in or above the Sanctuary, except in

               accordance with and as permitted by regulations promulgated under

               the Marine Mammal Protection Act (MMPA) and the Endangered Species

               Act (ESA). The term "taking" includes all forms of harassment.

               The MMPA and the ESA both prohibit the taking of specific species

               protected under those Acts. Sanctuary enforcement officials may

               consider harassment cases pursuant to the MMPA and ESA. The

               proposed prohibition would overlap with the MMPA and ESA but also

               extend protection for Sanctuary resources on an environmentally

               holistic basis. It would include all marine mammals in the

               Sanctuary and seabirds in or.above the Sanctuary.

               (vii) Overflights

                   The seventh and final activity prohibited would be flying

               motorized aircraft at less than 1000 feet above the Sanctuary

               within three nautical miles of State of California designated

               reserves, parks, beaches or refuges, or the Los Padres National

               Forest. This prohibition is intended to protect marine birds and

               mammals from the disturbance and harassment of low-flying aircraft.

               For example, seabirds are often congregated near the shoreline and

               sea otters are distributed among the kelp beds within three

               nautical miles of the coastline.

                   The following two activities, operating commercial (other than

               fishing) vessels and operating thrill craft, may be regulated in

                                               54

            the future should evidence be presented that Sanctuary resources

            and qualities are threatened by these activities.

            Vessel Operation

                 At present only a few, large commercial vessels visit the

            Monterey Bay region, mainly to dock at Moss Landing. The area has

            had a long history of safe vessel traffic but there may still

            remain a threat to the resources and qualities of the Monterey Bay

            area from possible collisions and possible spills of hazardous

            materials.

                 NOAA has considered and deferred considering regulation of

            vessel traffic, which may include, but is not be limited to: (1)

            routing of all coast-wise vessel traffic outside of the boundaries

            of the Sanctuary, (2) prohibiting oil barge traffic within the

            Sanctuary, (3) restriction of all large vessels inbound to and

            outbound from Monterey Bay to designated port access route(s), and

            (4) imposing special design requirements, such as double hulls, for

            petroleum and other hazardous substance transport vessels in the

            Sanctuary.

                 This preferred alternative will give NOAA the flexibility to

            work in the future with the U.S. Coast Guard on appropriate courses

            of action to protect the resources and qualities of Monterey Bay.

            The U.S. Coast Guard is currently working with the Fish and

            Wildlife Service on a section 7 consultation regarding possible

            impacts from rerouting vessel traffic off the coast of California

            on endangered species, specifically the Southern Sea Otter. As

                                             55

              information becomes available on specific probabilities of

              accidents, potential locations of accidents and estimates on which

              resources and qualities are at risk, NOAA will be able to propose

              to the U.S. Coast Guard appropriate mitigating measures.

                   USCG current, and proposed regulations also address

              construction standards for vessels as well as officer competency

              and bridge organization; these problems are more effectively dealt

              with on a nationwide basis. Given the difficulty in regulating

              staffing and construction standards for vessels in discrete areas,

              the on-going USCG study of traffic lanes and proposed regulations,

              and the speculative nature of the projected vessel traffic increase

              associated with OCS leasing, it seems premature to propose Marine

              Sanctuary regulations to deal with these issues.

                   NOAA will consult with DOI and USCG as studies continue and

              data becomes available and may propose action in the future for

              public review. In addition, NOAA will maintain close communication

              with the USCG to evaluate the need for additional regulations

              regarding vessel safety and/or emergency response plans and

              equipment.

              Operation of "Thrill Craft"

                   "Thrill Craft" means any motorized vessel which is generally

              less than thirteen feet in length as manufactured, is capable of

              exceeding a speed of twenty miles per hour, and has the capacity to

              carry not more than the operator and one other person while in

              operation. The term includes but is not limited to jet skis, wet

                                               56

            bikes, surf jets, miniature speed boats, and hovercraft.

                 These craft can pose a serious threat to the resources of the

            Monterey Bay area. There is a potential for collisions with marine

            mammals and birds, injury to kelp beds, and disturbance, due to the

            noise and exhaust, by the craft to organisms near and on the

            surface at large distances from the craft. NOAA will monitor the

            activities of these "thrill craft" to determine, first, if indeed

            there is a threat to the resources and, second, if regulations

            should be promulgated prohibiting these activities in specified

            zones.

                 The effects of Sanctuary designation on Emergency, Defense,

            Fishing, and Research and Education activities are described below:

            Emergencies

                 Where necessary to prevent or minimize the destruction of,

            loss of, or injury to a Sanctuary resource or quality, or minimize

            the imminent risk of such destruction, loss or injury, any

            activity, including those not listed in the scope of regulations,

            is subject to immediate temporary regulation, including

            prohibition, in accordance with the Administrative Procedure Act.

            Defense Activities

                 No prohibition set forth in the Sanctuary regulations shall

            apply to activities that are necessary for national defense or law

            enforcement. Whenever an activity necessary for national defense

            or law enforcement would violate a prohibition set forth in the

                                             57

              Sanctuary regulations were it not necessary for national defense or

              law enforcement, the head of the agency taking the action shall

              notify the Secretary of Commerce or designate of the proposed

              activity if there is sufficient time to permit consultation without

              jeopardizing national defense or law enforcement. Such notifica-

              tion shall be sufficiently in advance of undertaking the activity

              in order to permit consultations as to how the activity could be

              conducted to minimize any adverse impact on Sanctuary resources and

              qualities without compromising national defense or law enforcement.

              Activities that are not necessary for national defense or law

              enforcement, such as training exercises and routine vessel

              operations, are subject to all prohibitions contained in the

              Sanctuary regulations.

              Fishing Regulations, Licenses, and Permits

                   Fishing in the Sanctuary, including fishing for shellfish and

              invertebrates and mariculture, shall not be regulated as part of

              the Sanctuary management regime authorized by the Act. However,

              fishing in the Sanctuary may be regulated other than under the Act

              by Federal and State authorities of competent jurisdiction, and

              designation of the Sanctuary shall have no effect on any

              regulation, permit, or license issued thereunder, e.g., regulations

              promulgated under the California Fish and Game Code and regulations

              implementing Fishery Management Plans promulgated under the

              Magnuson Fishery Conservation and Management Act, 16 U.S.C. �� 1801

              et sea. Notwithstanding the above, discharges and deposits from

                                               58

            fishing vessels may be regulated pursuant to Article IV, section 1,

            paragraph (b); drilling through, dredging or otherwise altering the

            seabed of the Sanctuary or constructing, placing or abandoning any

            structure or material on the seabed of the Sanctuary in connection

            with fishing and mariculture activities may be regulated pursuant

            to Article IV, section 1, paragraph (d); and taking of marine

            mammals and seabirds may be regulated pursuant to Article IV,

            section 1, paragraph (e).

            Research and Education

                 The Sanctuary research program would provide a coordinated

            effort to obtain vital baseline and monitoring data on the

            resources and on human activities at Monterey Bay. Information on

            water quality and circulation, species density and diversity,

            fisheries resources, marine mammals and seabirds would be gathered

            and catalogued for use in assessing the health of the Bay

            environment and the effects of human activity in the area. This

            would improve management's ability to develop long-term planning

            for the sanctuary and would provide data useful in responding to

            oil spills.

                 The Sanctuary education and interpretive program would improve

            public awareness of the importance and fragility of Monterey Bay's

            resources and qualities and thus engender support for resource

            protection efforts. The program would provide audiovisual

            materials, exhibits, and other information products for local

            residents, tourists, schools and other interested groups.

                                             59

             2.   Negative Effects of Designation on Income Generating
                  Activities

             Fishing Activities

                  As there is no Sanctuary regulation regarding fishing, there

             would be no negative effects on this highly productive industry.

             The net effect of preserving habitat and water quality by

             controlling pollutants and disturbance of the seabed should be very

             positive for maintaining healthy and productive fish stocks.

             Oil and Gas Activities

                  Given the wealth of sensitive renewable, natural resources

             within the proposed Sanctuary, the high tourism and commercial

             fishery value of the area, and the present indications of low

             National oil and gas resource potential, it is NOAA's judgment that

             the net economic effect resulting from a restriction on hydrocarbon

             operations is likely to be positive.

                  The net economic effect of the proposed regulation depends

             largely on: the amount of hydrocarbon reserves foregone, dollar

             value of the oil, the estimated value of the renewable resources,

             and the economic value of the tourist industry.

                  It is thought that the proposed regulation will have positive

             economic effects in the long-run by contributing to the

             preservation and health of renewable sources of income, such as

             fishing and recreation, due to the long-term protection to such

             activities from potential oil spills, discharges and visual and

             acoustical disturbance. In addition, the Sanctuary research and

             education programs will have long-term benefits by enabling natural

                                              60

             resource managers to make better informed decisions regarding the
             preservation, enhancement and possible additional economic benefits

             of the area's natural resources and uses.

                 Lease Sale 119 is currently on hold in the early phase of the

             pre-lease sale process. Thus far, only the "Call for Information"

             has been completed by MMS for the proposed sale and no further

             activities are being carried out. Current industry interest in

             these specific tracts is unknown. MMS estimates that the high case

             conditional mean estimate of the undiscovered, economically

             recoverable oil resources for the entire Central California

             Planning area is 530 million barrels (Personal Communication, MMS,

             March, 1990). The FEIS for the proposed 5-Year OCS Oil and Gas

             Leasing Program Mid-1987 to Mid-1992 (MMS, 1987) states that one

             sale in the Central California planning area will produce

             approximately 153 million barrels of oil and 286 billion cubic feet

             of gas. More recent estimates from MMS Pacific Region is that

             Lease Sale 119 contains conditional resources of approximately 180

             million barrels of oil. Finally, it is estimated (Personal

             Communication, MMS, March, 1990) that the portion of the Central

             California Planning Area included in the preferred Sanctuary

             boundary has a conditional resource potential of 110 million

             barrels of oil and 180 billion cubic feet of gas with an estimated

             net economic value of 280 to 370 million dollars.

                 At the current rate of U.S. oil consumption (17.5 million

             barrels/day, API, Personal communication, 1989) the projected

             resources of the oil within the proposed boundary amounts to less

                                             61

              than seven days worth of energy. On should bear in mind the fact

              that on the California OCS, the average oil and gas production over

              the past 21 years was only 33.1 million barrels of oil and 32.8

              billion cubic feet of gas per each of the producing fields

              (Personal Communication, MMS, March, 1990). In addition, it is

              estimated that only 6 percent of all OCS resources (discovered and

              undiscovered) are in fields containing more than 3 days of supply

              of oil for the Nation and over 80 percent of all OCS sources to be

              discovered are in fields containing 1 day's or less supply of oil

              (Personal.Communication,, MMS, March, 1990).

                  All of the above estimates are based on conditional estimates

              of resources and no estimates of reserve quantities can be

              determined until drilling occurs. As a result one cannot compare

              one estimate to another as each is derived from conditional

              probabilities. Projections on quantity and quality of oil reserves

              may be modified, based on the findings resulting from exploration

              pursuant to OCS Sale #119 and other factors which may make recovery

              more or less economically feasible, such as increases or decreases

              in the price of imported oil or prohibitive costs of or

              environmental restrictions on alternative energy sources. Thus,

              reliable estimates of the amount and value of hydrocarbon resources

              affected in the Central California OCS are not available. The

              proposed regulation would also affect the availability of oil and

              gas resources and State income from the leasing of tracts located

              in State waters. Data on the quantity of State oil and gas OCS

              resources in the central California area are not available.

                                              62

             Currently, however, there is a State moratorium on such leasing.

                  Finally, only approximately 60 of the lease tracts in the area

             south of the Gulf of the Farallones selected for consideration

             under Lease Sale #119 fall either totally or partially within the

             proposed marine Sanctuary. Oil and gas resources to the north in

             Lease Sale 119 would still be available as well as any tracts that

             are part of future Lease Sales outside of the proposed boundary and

             within the Central California Planning Area.

                  It is possible that the proposed prohibition would reduce U.S.

             Treasury income from offshore leasing royalties and that the

             industry bids on tracts affected by the prohibition would be lost

             in future lease sales. The total amount of lost revenue estimated

             by MMS from these conditional resource estimates may be modified by

             the results of petroleum development pursuant to actual results

             from drilling associated with some future Lease Sale, as well as an

             analysis of economic feasibility and environmental and regulatory

             constraints. Economic feasibility is determined solely by the oil

             industry based on lease sale costs at the time of sale, current oil

             prices, proposed project costs, and environmental reviews and

             mitigation costs. Oil development costs and expected returns per

             investment are considered confidential information by the oil

             industry.   Once again, environmental and regulatory constraints are

             impossible  to identify due to the lack of experience of the Central

             California  Planning Area with offshore oil and gas development.

                                                63

              Discharge and Ocean Dumping Activities

                   The regulation prohibiting discharges and deposits of any

              material or substance also would prohibit the disposal of litter

              and other solid wastes such as fishing lines and nonbiodegradable

              plastic or metal objects which animals and birds in the Sanctuary

              could eat or in which they could become entangled. The impact of

              this regulation on vessel operations is expected to be minor.   oil

              discharges are presently regulated under the Clean Water Act.

              Where it pertains to oil discharges, this regulation would increase

              the penalties for violations.

                   The regulation would also prohibit dumping and the disposal of

              dredge material within the sanctuary (Figure 15). The negative

              impacts of ocean dumping and dredge disposal include smothering of

              benthic organisms, increased water column turbidity resulting in

              potential damage to industry that requires pollutant-free water

              (such as for cooling purposes, refractories etc.), mariculture

              operations, shellfish harvesting, commercial and sport fishing and

              the negative aesthetics due to odor and water discoloration to

              contact and non-contact water recreation. A study on the release

              of dredged material over a 100 fathom contour site near the

              Farallon Islands found a relatively abundant but not diverse

              benthic macrofauna. The study concluded that most of the dumped

              material went straight down and covered the bottom at an average

              depth of about 1 foot (0.3 m). Depending on use levels of such a

              disposal site, smothering and oxygen depletion could significantly

              harm the benthic community in the area (COE, 1975). However, in

                                               64

            the case of Monterey Canyon the continuous natural disturbance at

            the Canyon head causes a naturally resilient benthic population

            (COE, 1977). Community resilience is correspondingly lower in the

            more complex and stable communities of deeper water (COE, 1977).

            The environmental complexities of sediment, water and biological

            interactions means that it is necessary to analyze the natural

            disturbance regime at the potential dredging or disposal site and

            its relation with the associated benthic communities for effective

            management.

                 NOAA is consulting with EPA, the State Water Resources Board

            and Regional Water Quality Control Board and Harbor Masters

            regarding existing dredge and disposal activities within the

            vicinity of the proposed Sanctuary. Dredging activities in harbors

            will not be affected by Sanctuary designation as harbors are not

            included within the Sanctuary boundaries. Current disposal

            practices within the Sanctuary are regulated by the Regional Water

            Quality Control Board (RWQCB) Waste Discharge Requirements (WDR's)

            under the authority of the Clean Water Act. NOAA can work within

            this existing process to ensure that these requirements are in

            place, enforced and adequate to protect the resources of the

            Sanctuary. In addition, the regulations under Title I of the MPRSA

            prohibit ocean disposal of dredged material which proves to be

            toxic to the organisms of the disposal site.   The Sanctuary

            requirement of certification of existing permits will assure review

            for possible impacts without imposing undue burdens.

                 Discharges and deposits from the land (Figure 15), pursuant to

                                             65

             any permit executed as of the effective date of these regulations,

             are allowed subject to all prohibitions, restrictions and

             conditions validly imposed by any other authority of competent

             jurisdiction, provided however, that NOAA may regulate the exercise

             of these existing permits as necessary to achieve the purposes for

             which the Sanctuary was designated. In consultation with

             scientific institutions and local, State and regional organizations

             such as the Association of Monterey Bay Area Governments, NOAA will

             consult with the permittees and the relevant permitting authorities

             of these activities to determine means of achieving the Sanctuary

             purposes. If additional constraints are necessary, NOAA will work

             with the permittees and permitting authorities to determine the

             necessary level of conditions to provide adequate protection of the

             proposed Sanctuary's resources and qualities.

                  The requirement of NOAA certification of existing permits for

             municipal sewage outfalls will ensure NOAA consideration of

             potential impacts on Sanctuary resources and qualities. The NOAA

             certification process will be coordinated with EPA and State and

             Regional Water Quality Control Boards. Procedures to ensure

             efficient administration of NOAA certification and other approval

             processes are laid out in the proposed Sanctuary regulations.

                  The impact of this regulation on most Sanctuary users is

             expected to be minor; non-biodegradable and other potentially

             harmful trash will have to be kept on boats and disposed of at

             proper facilities, most likely on the mainland. The impact of this

             regulation on vessel operations is expected to be minor. The

                                              66

              exceptions to this regulation are designed to allow continued use

              of the Sanctuary by vessels. Fish, fish parts, and bait used in or

              resulting from normal fishing operations within the Sanctuary,

              exhaust, vessel cooling waters, and approved marine sanitation

              wastes are exempted specifically from the prohibition.

                   The regulation does not prohibit existing sewage outfall

              discharges or dumping and the disposal of dredge material within

              the Sanctuary (Figure 15) pursuant to permits existing prior to the

              date of Sanctuary regulations, provided however, that NOAA may

              regulate the exercise of these permits as necessary to achieve the

              purposes for which the Sanctuary was designated. In addition,

              holders of permits, licenses, or other authorizations issued after

              the effective date of Sanctuary designation allowing the discharge

              of municipal sewage or the discharge of dredged material will be

              subject to Sanctuary regulatory prohibitions unless approved by the

              Director of the Office of Ocean and Coastal Resource Management.

                   The regulation may impose additional costs by requiring the

              use of more expensive dredge disposal or dumping sites or methods

              as discussed above. The regulation could also result in additional

              costs if the Director were to determine that a higher level of

              treatment or other, more expensive sewage disposal methods were

              preferable to disposal in the Sanctuary. It is difficult to

              predict accurately the economic impact of this regulation without

              analyzing specific proposals. The application of this regulation

              to dumping and dredge disposal adds further protection of the

              resources to that afforded by the existing legislation. The

                                               67

              requirement of Sanctuary certification or other approval of permits

              for municipal outfall and dredge disposal will ensure that these

              potentially harmful activities receive special consideration from

              the Sanctuary viewpoint.

                   Another positive effect of the regulations will be that data

              from existing studies can be used to make better informed

              management decisions. For example, DDT and its degradation

              products have been found in the tissues of all eight species of

              marine fishes caught and analyzed from Monterey Bay (Shaw, 1972).

              The California Department of Fish and Game in cooperation with the

              California Department of Health Services is conducting an aquatic

              toxicology evaluation program in Monterey Bay (Welden, 1988). The

              main objectives of the program are to determine the average

              chemical contaminants found in a range of the most common

              commercial and sport-caught fish in the bay and to give a current

              risk-assessment of the effects of consuming them. This study was

              scheduled to be released in the fall of 1989 but has not yet been

              released. Sanctuary management can use this data to attempt to

              formulate management measures to address and possibly mitigate the

              source of the pollution to assist in achieving a more healthy and

              productive fishery.

                   Another positive impact of the regulation on water quality is

              on existing aquaculture facilities and research institutions which

              require a high water quality standard for raising organisms and

              conducting experiments that need relatively uncontaminated

              background seawater supplies.

                                               68

             Altering of, or Construction on, the Seabed including Dredging
             Activities

                  Dredging activities are not extensive within the preferred

             alternative's proposed Sanctuary boundaries; nevertheless,

             unrestricted alteration of, construction on, or drilling of the

             seabed represents a threat to marine resources. Foremost among

             these adverse impacts would be increased turbidity levels,

             disruption or displacement of benthic and intertidal communities,

             and human intrusions near marine bird and marine mammal

             concentrations. The suggested regulatory restriction above will

             allow limited and ecologically sound dredging (particularly along

             the mainland and in harbors) at levels fairly certain not to harm

             breeding grounds, haul out areas, and foraging areas.

                  This regulation will enhance resource protection by reducing

             the presence and operation of large, and often noisy, dredging

             machinery. Thus, both over the short and long term, human

             intrusion upon marine wildlife, along with potentially adverse

             impacts on their food supplies, e.g., benthic and pelagic fish

             resources, will be minimized. No severe economic impacts upon

             commercial firms are expected. Dredging exceptions would allow for

             installation of navigation aids, and the maintenance of existing

             harbors and mariculture. The regulation of projects for docks and

             piers in the nearshore area will remain the responsibility of the

             existing regulatory authorities. Activities regarding the

             construction and placement of pipelines approved by the Director of

             the Office of Ocean and Coastal Resource Management are allowed.

             Sand mining activities will specifically be examined to first,

                                              69

              determine the degree of impact (if any) on the resources of the

              Monterey Bay area and second, discuss with the permittee any

              mitigating measures or permit conditions that may be necessary to

              protect the resources of the area.

                   The activities exempted from this regulation will be monitored

              by the Sanctuary manager, based on information supplied by the COE

              and the California Coastal Commission. If the data collected

              demonstrate that a greater degree of Sanctuary oversight is

              appropriate, amendments to the regulations could be proposed.

              Vessel Operation

                   There will be no economic effects on vessel traffic as NOAA

              has considered and deferred considering regulation of vessel

              traffic, that may include, but not be limited to: (1) routing of

              all coast-wise vessel traffic outside of the boundaries of the

              Sanctuary, (2) prohibiting oil barge traffic within the Sanctuary;

              (3) restriction of all large vessels inbound to and outbound from

              Monterey Bay to designated port access route(s); and (4) imposing

              special design requirements, such as double hulls, for petroleum

              and hazardous substance transport vessels in the Sanctuary.

                   At present only a few, large commercial vessels visit the

              Monterey Bay region, mainly to moor at Moss Landing. The area has

              had a long history of safe vessel traffic but there still remains a

              possible threat to the resources and qualities of the area from

              possible collisions and possible spills of hazardous materials.

                   NOAA will consult with USCG as studies continue and data

                                              70

              becomes available and may propose action in the future for public

              review. In addition, NOAA will maintain close communication with

              the USCG to evaluate the need for additional regulations regarding

              vessel safety and/or emergency response plans and equipment.

              3.    Socioeconomic Effects of Designation

                    The regulations proposed for the sanctuary are not likely to

              result in:

                    (1) an annual effect on the economy of $100 million or more;

                    (2)  a major increase in costs or prices for consumers,

                         individual industries, Federal, state or local government

                         agencies or geographic regions; or,

                    (3)  significant adverse effects on competition, employment,

                         investment, productivity, innovation or on the ability of

                         United States-based enterprises to compete with foreign-

                         based enterprises in domestic or export markets.

                  .The  net environmental and socioeconomic effects of designating

              the Sanctuary and implementing the Sanctuary Management Plan and

              regulations are estimated to be positive. While such effects are

              difficult to quantify, the purpose of the Sanctuary in part will be

              to maintain or improve water quality, fisheries, aesthetics and

              tourism without causing any adverse effects.

                    The proposed Sanctuary regulations would allow all activities

              to be conducted in the proposed Sanctuary other than a relatively

              narrow range of prohibited activities. The procedures proposed in

              these regulations for applying for National Marine Sanctuary

                                                 71

              permits to conduct otherwise prohibited activities, for requesting

              certifications for existing leases, licenses, permits, approvals,

              other authorizations or rights authorizing the conduct of a

              prohibited activity, and for notifying NOAA of applications for

              leases or other authorizations to conduct a prohibited activity

              would impose a cost in time and effort on the part of applicants

              for such permits or certifications and those subject to the

              notification requirements. However, NOAA will keep such costs to a

              absolute minimum by working closely with State and Federal

              regulatory and permitting agencies to avoid any duplication of

              effort and will set strict guidelines for reviewing applications in

              as brief a time as possible.

                  Estimates of revenue foregone by the proposed prohibition of

              oil, gas and mineral activities within the Sanctuary boundary has

              been presented in detail under the socioeconomic consequences for

              this proposed regulation. Balancing the foregone revenue would be

              preventing adverse socioeconomic effects by the proposed

              prohibition of and oil, gas and mineral activities. For example,

              the proposed prohibition may alleviate or remove matters ranging

              from costs to local communities for developing on-shore facilities

              to political and legal action resulting from public controversy and

              apprehension concerning proposed oil and gas activities.

                   It is not possible to quantify the positive socioeconomic

              effects of prohibiting OCS oil and gas.activities. The recent NAS

              study (1989) on the Adequacy of Environmental Information For Outer

              Continental Shelf Oil and Gas Decisions: Florida and California

                                              72

              found that "few data have been collected by MMS or anyone else to

              address the social and economic impacts of OCS activities".

                   The regulation prohibiting discharges and deposits and

              alteration of or construction on the seabed may require permit

              holders for such activities to seek other areas of disposal or

              apply higher levels of treatment. All measures, terms and

              conditions applied to existing activities will be done in

              consultation with the affected party and the appropriate management

              agency.   The proposed regulations prohibiting discharges within or

              beyond the boundaries of the Sanctuary, with certain exceptions,

              complements the existing regulatory system established by EPA, the

              State Water Resources Board and the Regional Water Quality Control

              Board.

                                               73

              D.   Manageability of the Area

                   The proposed sanctuary is designed to protect the highly

              productive waters and the diverse habitats and resources of the

              coastal and ocean waters in and surrounding Monterey Bay and the

              submerged lands thereunder. The preferred boundary encompasses a

              total of approximately 2,200 square nautical miles, in and around

              Monterey Bay, off the central coast of California. The proposed

              Sanctuary boundary includes the coastal and ocean waters over, and

              the submerged lands under, the entire Monterey Canyon between the

              northern boundary of Pescadero Marsh, 2.0 nautical miles north of

              Pescadero Point, and the southern boundary of Julia Pfeiffer Burns

              Underwater Park and Area of Special Biological Significance (ASBS),

              2.5 nautical miles southeast from Partington Point, and extending

              from the mean high tide line from these sites seaward approximately

              18 nautical miles on a southwesterly heading of 240*. These

              southern and northern boundaries are joined by an arc drawn from

              Moss Landing, with a radius of 46 nautical miles, over the entire

              Monterey Canyon complex out to the abyssal plain at 1500 fathoms

              (approx 3000 m) (Figure 18). Santa Cruz, Moss Landing and Monterey

              Harbors are all excluded from the Sanctuary boundaries.

              Bathemetric contours and easily identifiable points on land were

              chosen to provide easily defined Sanctuary boundaries.

                   The boundary encompasses many important coastal, nearshore,

              open ocean and submarine canyon resource zones and integrates them

              into one management regime. It includes 31 units of the California

              Beach, Park, Reserve and refuge system. Also, five Areas of

                                              74

                           1230                      40'                       20'                     1220                        40'                       20'
                                                        'San Gre rio              Pescadero Creek
                                                                    '9

                                                             Oll     I     Pescadero Point
                                                         " < 1,
                                                           Pigeon Point
                                                              Pt. Ano @Ievo
                                                                           \ I.-                                  Soquel Creek
                                                        '00                    \ \               Santa
                      370                                                    Dave\hport                                                                        370
                                                         Soo                                                                       Pajaro
                                                                                                                                   River
                                                                                                 '54                               Elkhorn
                                                                                                                 CD
                                                             1,000                           @O                                    Slough
                                                                                                                            Moss
                                                                                    1100                                    Landing

                       40' - -                                             7,000                                                                               40'

                                                                                                               Monterey
                                                                                                               Carmel

                                                                                                               Point
                                                                                                               Lobos            Carmel
                                                                                                                                River

                                                                                  C@
                        20'                                                                          Po       ur       Little Sur River                        20'

                                                                                                                          Big Sur River

                                              Proposed Bound ry                                           -",Parting @to-rl e 0 i       Big
                                                                                                                               \ 0 Creek
                                    - - - -   State Waters           @s            @O 0
                                                                      00                                                 0
                                                                                                            ..01,        0,_n
                                                                                                          OF                L pez oint
                      360                                                                                                                                      360

                                    0      5                                                                                                %
                                    6j!jj!W Nautical Miles
                                    0     5                                                                                     Cape    @\artin
                                                                                                                                                -@tin
                                    W!6N Statute Miles

                                      Depths in Fathoms

                                                                                                                                            R
                                                                                                                                                3g
                                                                                                                                              a g g ee dd 'PP\ o i n t
                                                                                                                                                       \oint
                           1230                      40'                       20'                     1220                        40'                       20'

                           Figure 18. Proposed Monterey Bay National Marine Sanctuary Boundary Alternative #2.

               Special Biological Significance established by the State, and all

               six major research institutions in the region are included within

               the boundaries. Critical habitats for whales; sea otters;

               sealions; elephant, fur, and harbor seals - many species of which

               are listed as endangered or threatened are protected within these

               boundaries.

                    Habitats can be characterized by their water depth, distance

               from shore, and the type of substrate. The habitats in the

               Monterey Bay area are unusual because of the many diverse types

               which are found together in a relatively confined area. The five

               types of habitats found in the Bay area are: 1) submarine canyon

               habitat, 2) nearshore sublittoral habitat, 3) rocky intertidal

               habitat, 4) sandy beach intertidal habitat, and 5) kelp forest

               habitat.

                   The Sanctuary Management Plan (Attachment 1) recognizes the

               need for cooperation and coordination with the existing Federal,

               State, and local agencies and organizations to ensure effective

               management of the Sanctuary. The Marine and Estuarine Management

               Division (MEMD) would be responsible for managing the Sanctuary.

               The MEMD would help to coordinate the management efforts of other

               programs by providing program support through funding, staffing,

               and other means that may be available and appropriate.   The MEMD

               will coordinate its on-site enforcement activities through

               cooperative agreements with the California Department of Fish and

               Game and U.S. Coast Guard and may provide funds for additional

               enforcement agents.within the Sanctuary. MEMD will also rely on

                                                76

            fishing and whale watching vessels and other users to monitor

            abuses of Sanctuary regulations and report to the Sanctuary

            Manager. The Sanctuary Manager's headquarters will be in the

            Monterey Bay area.

                                             77

                                           Proposed Mechanisms to Coordinate with
              Existing Regulatory and Management Authorities within the Area

                                               78

             PART III: PROPOSED MECHANISMS TO COORDINATE EXISTING REGULATORY AND
                      MANAGEMENT AUTHORITIES WITHIN THE AREA

                 MEMD is in consultation with EPA, as well as both the State

             and Regional Water Quality Control Board, regarding discharges into

             Monterey Bay, and has already worked out preliminary mechanisms for

             reviewing NPDES permits. These mechanisms, which are intended to

             work within the existing administrative framework of review and

             approval, place minimal additional administrative burdens on

             holders or owners of, or applicants for NPDES permits. The

             proposed mechanisms are described in the proposed regulations.

             These processes will be formalized after Sanctuary designation.

                 MEMD is consulting with the EPA, the State Water Resources

             Board and Regional Water Quality Control Board and Harbor Masters

             regarding dredge and disposal activities within the vicinity of the

             proposed Sanctuary. Dredging activities in harbors will not be

             affected by Sanctuary designation as harbors are not included

             within the Sanctuary boundary. Current disposal practices within

             the Sanctuary are regulated by the Regional Water Quality Control

             Board (RWQCB) Waste Discharge Requirements (WDR) under the

             authority of the Clean Water Act.

                  Responses to spills of oil and other hazardous materials

             requires close coordination of responsible agencies. Under the

             National Contingency Plan for the removal of oil and hazardous

             substances in coastal and marine areas of EPA's Region IX

             (California, Nevada and Arizona), remedial action to control or

             remove this type of material that could endanger the public health

                                              79

              is the responsibility of U.S. Coast Guard (USCG) directed Regional

              Response Teams acting through an On-Scene Coordinator and a

              Regional Response Center.

                   The Eleventh Coast Guard District, based in San Francisco,

              will provide Regional Response Center facilities. The On-Scene

              Coordinator will receive scientific support from NOAA and

              assistance as necessary from the Regional Response Team and other

              appropriate Federal and state agencies.

                   Assistance is also possible from private groups and industry.

              All of the relevant public and private agencies that would assist

              in a clean-up have Oil Spill Contingency Plans on file in the USCG

              Monterey Bay Office which are required to undergo periodic updates

              and approval by the USCG.

                   A Marine Safety Office Contingency Plan is currently under

              review at the Coast Guard station in Monterey Bay. It is designed

              to incorporate and coordinate the above plans, resources and

              equipment in the event of a spill in the Monterey Bay region.

                   To provide further protection for Monterey Bay resources, the

              Sanctuary staff will assess the state of preparedness of the

              relevant parts of the contingency plans as they relate to the

              Sanctuary. This action will entail exchanging information with

              government and industry response teams and seeking their support in

              assessing detection and clean-up capabilities that can be used to

              protect Bay resources and a possible trial simulation in Monterey

              Bay. In addition, and consistent with the National Marine

              Sanctuary Program Regulations (15 CFR Part 922), NOAA will provide

                                               80

             the necessary resources and impetus to develop and implement a

             site-specific contingency and emergency-response plan designed to

             protect the Monterey Bay Sanctuary's resources. The plan shall

             contain alert procedures and actions to be taken in the event of an

             emergency such as a shipwreck or an oil spill.

                  An MEMD-level contingency and emergency-response plan has been

             prepared for the Channel Islands and Key Largo National Marine

             Sanctuaries. A similar plan for the proposed MBNMS will be created

             that will:

                  Describe emergency-response procedures and coordination
                  requirements for MEMD and Sanctuary staff;

                  Provide a geographic information system depicting resources at
                  risk;

             0    outline procedures for emergency research; and

             0    Provide damage assessment guidelines.

                  In conjunction with this plan, agreements may be formulated to

             improve spill detection programs and augment containment

             capabilities (i.e., with additional equipment, staff, and

             deployment plans). These efforts will be closely coordinated with

             similar efforts to protect the Elkhorn Slough NERR.

                  In order to ensure that research projects are directed to the

             resolution of management issues and concerns pertaining to Monterey

             Bay, the research program for the Sanctuary will be coordinated

             with the research programs at the existing research institutions in

             the Monterey Bay area, including Elkhorn Slough NERR. In

             preliminary discussions with university faculties, all of the

             existing marine research centers expressed strong interest in the

                                              81

               coordination role that the Sanctuary could play in research.

                    Education and interpretive programs exist, for example, at

               Monterey Bay Aquarium, Point Lobos, Afio Nuevo amd Elkhorn Slough

               NERR and during whale watching excursions. Various programs for

               those visiting the Sanctuary headquarters, and outreach programs

               for interested groups not visiting the Sanctuary, will be carried

               out in coordination with programs already sponsored by existing

               interpretive programs.

                    The management of the proposed Sanctuary would integrate and

               utilize all aspects of the program to provide for the preservation

               of the special values of this unique marine area. Research and

               education, coordination, long-term planning and necessary

               regulations are described in the enclosed Management Plan.

                    The management program for the proposed Sanctuary will be

               developed and implemented by NOAA and the on-site manager in

               conjunction with existing agencies in order to benefit from

               existing expertise and personnel. These include those of the

               California Departments of Fish and Game and Parks and Recreation,

               the National Park Service, and perhaps other agencies.

                    NOAA will also investigate mechanisms to promote State and

               Federal interagency coordination and cooperation, particularly with

               the National Park Service, the USCG, and the NMFS. A particularly

               useful mechanism for coordination would be a Sanctuary Advisory

               Committee, including members from Federal agencies, such as the

               National Park Service, the USCG, the NMFS; State agencies such as

               the Coastal Commission, the Departments of Parks and Recreation and

                                                82

            Fish and Game, the State Lands Commission, as well as commercial

            and private interests and the public.

                The Sanctuary manager will promote coordination among all the

            authorities concerned with the Sanctuary and will particularly

            stress consideration of the special value of the Sanctuary's living

            resources in the formulation of policies affecting the area. The

            greater understanding of Sanctuary resources and the effects of

            human use gained as a result of the research and monitoring will

            enable NOAA to provide valuable assistance to other authorities in

            their determinations relating to the level of protection for the

            resources of the Sanctuary. .

                The Sanctuary Advisory Committee (SAC) would be an especially

            useful coordinating mechanism. The SAC could ensure an exchange of

            information, advise the Sanctuary manager on permit applications

            and certifications, research priorities, amendments to the

            regulations, and other matters.

                                             83

                                                    The Sanctuary Management Plan

                                                                                       I

                                               84

            PART IV: THE SANCTUARY MANAGEMENT PLAN

                               (see attachment 1)

                                            85

                                  An Estimate of Annual Sanctuary Operating Costs

                                               86

            PART V: AN ESTIMATE OF ANNUAL SANCTUARY OPERATING COSTS

            A.    Personnel and Administration

                  Given the complexity, size and location of the Sanctuary, and

            the need to implement the Sanctuary program rapidly to cultivate

            the public support gained during the designation process MEMD would

            want to provide full staffing in the following positions and

            approximate salaries:

                  Sanctuary Manager                   $42,000

                  Deputy Sanctuary Manager            35,000

                  Research Coordinator                29,000

                  Education Coordinator               29,000

                  Site Manager for Enforcement        24,000

                  Clerical                            16,000

                                                     $175,000

                  These positions may be phased in over two years, in which case

            the first year's annual cost for Sanctuary personnel probably would

            be closer to $100,000.

            B.    Facilities and Eguipment

                  Sanctuary headquarters and administrative offices will be

            established at a suitable location within the Monterey Bay area.

            Barring the possibility that MEMD would be offered existing

            Federal, State, local or university facilities at low or no cost,

            MEMD would need to rent facilities for a headquarters. Based on

            what MEMD pays in rent at other west coast Marine Sanctuaries the

                                               87

              cost of renting could be $40,000 annually.

                   Equipment needs for setting up an office are estimated to cost

              approximately $30,000 in the first year and probably $5,000-10,000

              in succeeding years. Initial equipment would include office

              furniture, computers (2), portable radios and other specialized

              equipment.

              C.   Resource Protection

                   MEMD plans to augment current enforcement activities by the

              California Department of Fish and Game, the U.S. Coast Guard and

              the National Marine Fisheries Serivce by providing funds through a

              cooperative agreement. Based on MEMD's experience over the past

              ten years in the Channel Islands and Gulf of the Farallones

              National Marine Sanctuaries, enforcement could cost up to $150,000

              annually. MEMD also would provide a properly equipped, ocean-

              going vessel which is estimated to cost approximately $100,000.

              The maintenance and operating costs of the vessel are included in

              the $150,000 figure referred to above.

              D.   Research and Education

                   Research and education program activities are variable and

              often depend upon the availability of appropriated funds in the

              National Marine Sanctuary Program Budget.

                   Fortunately, there is already a strong and relatively well-

              funded research community surrounding Monterey Bay. It will be the

              Sanctuary's role to help coordinate the existing research projects

                                               88

           by establishing a coordinating mechanism. It will also be the

           Sanctuary's role to focus the attention of the researchers on

           management problems that affect the protection of resources. On an

           annual basis MEMD may be able to contribute $50,000 to this effort.

                 In education as in research, existing institutions provide

           numerous opportunities for the public to be informed about the

           marine life and ecology of Monterey Bay. The Sanctuary's role in

           education initially will be to gather information on what is

           already.available and provide that information to the public.

           Later on, the Sanctuary may find educational needs that are not

           being met and provide some funds to fill the.gaps. It is estimated

           that approximately $40,000 may be needed for that purpose.

           Summary

                 When all these anticipated costs are brought together, the

           annual budget for operating the Sanctuary is estimated to be

           $515,000., The breakdown is as follows:

           Personnel and Administration              $175,000
           Facilities and Equipment                    50,000
           Resource Protection                        150,000
           Research and Education                      90,000
           Manager's Fund                              50,000

           TOTAL                                     $515,000

                 This estimate is approximately $125,000 higher than the

           Channel Islands National Marine Sanctuary (CINMS). The CINMS is

           the largest existing Sanctuary but is only half the size of the

           proposed Monterey Bay National Marine Sanctuary.

                                              89

                                                                      Evaluation
              of the Advantages of Cooperative State and Federal Management

                                               90

            PART VI: EVALUATION OF THE ADVANTAGES OF COOPERATIVE STATE AND
                      FEDERAL MANAGEMENT

                 Reference has been made throughout this Prospectus to the

            advantages that accrue to the Sanctuary when there is cooperative

            management. This idea is applicable in every facet of the
            Sanctuary in: resource protection, research a\nd, education. Given

            the inclusion of State waters along the entire coastal boundary of

            the Sanctuary and the pressure of multiple State agencies, eg.

            California Coastal Commission, California Department of Fish and

            Game, California Department of Parks and Recreation, Regional Water

            Quality Control Board, it will greatly benefit MEMD if all of these

            agencies are brought into partnership and are asked to play a major

            role in the management of the Sanctuary.

                                             91

                                            Draft Environmental Impact Statement

                                               92

            PART VII: DRAFT ENVIRONMENTAL IMPACT STATEMENT

                                   (see attachment 1)

                                             93

                                                  Proposed Sanctuary Regulations

                                                                                       t

                                               94

            ,PART VIII: PROPOSED SANCTUARY REGULATIONS

                                             95

              15 CFR Part 944 is proposed as follows:

              PART 944 - MONTEREY BAY NATIONAL MARINE SANCTUARY

              Sec.

              944.1     Purpose.

              944.2     Boundaries.

              944.3     Definitions.

              944.4     Allowed activities.

              944.5     Prohibited activities.

              944.6     Emergency regulations.

              944.7     Penalties.

              944.8     National Marine Sanctuary permits - application

                        procedures and issuance criteria.

              944.9     Certification of leases, licenses, permits, approvals,

                        other authorizations, or rights to conduct a prohibited

                        activity issued or in existence as of the effective

                        date of Sanctuary designation.

              944.10    Notification of applications for leases, licenses,

                        permits, approvals, or other authorizations to conduct

                        a prohibited activity.

              944.11    Appeals of administrative action.

              Authority: Sections 302, 303, 304, 305, 307 and 310 of Title III

              of the Marine Protection, Research, and Sanctuaries Act of 1972,

              as amended, 16 U.S.C. �� 1431 et sea.

                                               96

             � 944.1 Purpose.

                 The purpose of the regulations in this Part is to implement

             the designation of the Monterey Bay National Marine Sanctuary by

             regulating activities affecting the Sanctuary consistent with the

             terms of that designation in order to protect and manage the

             conservation, ecological, recreational, research, educational,

             historical and esthetic resources and qualities of the area.

             � 944.2 Boundaries.

                 The Monterey Bay National Marine Sanctuary consists of an

             area of approximately 2,200 square nautical miles of coastal and

             ocean waters, and the submerged lands thereunder, in and

             surrounding Monterey Bay, off the central coast of California.

             The boundary encompasses the coastal and ocean waters over the

             entire Monterey Canyon between the northern boundary of Pescadero

             Marsh, 2.0 nautical miles north of Pescadero Point, and the

             southern boundary of Julia Pfeiffer Burns Underwater Park and

             Area of Special Biological Significance, 2.5 nautical miles south

             from Partington Point, and extending from the mean high tide line

             from these sites seaward approximately 18 nautical miles on a

             southwesterly heading of 240* and joined by an arc with a radius

             of 46 nautical miles drawn from Moss Landing over the entire

             Monterey Canyon complex out to the abyssal plain at 1500 fathoms

             (approximately 3000 meters). The Monterey Bay National Marine

             Sanctuary does not include Santa Cruz, Moss Landing, or Monterey

             Harbors. The precise boundaries of the Sanctuary appear in

                                            97

              Appendix I following section 944.11.

              � 944.3 Definitions.

                   (A) "Act" means Title III of the Marine Protection,

              Research, and Sanctuaries Act of 1972, as amended (16 U.S.C.

              �� 1431 et secr.).

                   (B) "Administrator" or "Under Secretary" means the

              Administrator of the National Oceanic and Atmospheric

              Administration/Under Secretary of Commerce for Oceans and

              Atmosphere.

                   (C) "Assistant Administrator" means the Assistant Admini-

              strator for Ocean Services and Coastal Zone Management, National

              Oceanic and Atmospheric Administration.

                   (D) "Director" means the Director of the Office of Ocean

              and Coastal Resource Management, National Oceanic and Atmospheric

              Administration.

                   (E) "Commercial vessel" means any vessel engaged in the

              trade of carrying cargo, including but not limited to tankers and

              other bulk carriers and barges; vessels used in seismic surveys;

              and vessels engaged in the trade of servicing offshore

              installations.

                   (F) "Effective date of Sanctuary designation" means the

              date the regulations implementing the designation of the

              Sanctuary become effective.

                   (G) "Historical resource" means a resource possessing

              historical, cultural, archaeological or paleontological signifi-

                                             98

             cance, including sites, structures, districts, and objects sig-

             nificantly associated with or representative of earlier people,

             cultures, and human activities and events.

                   (H) "Injure" means to change adversely, either in the long-

              or short-term, a chemical or physical attribute of, or the

             viability of.

                   (I) "Person" means any private individual, partnership,

             corporation, or other entity; or any officer, employee, agent,

             department, agency, or instrumentality of the Federal Government

             or any State or local unit of government, or any foreign govern-

             ment.

                   (J) "Sanctuary" means the Monterey Bay National Marine

             Sanctuary.

                   (K) "Sanctuary quality" means a particular and essential

             characteristic of the Sanctuary, including but not limited to

             water quality and air quality.

                   (L) "Sanctuary resource" means any living or nonliving

             resource of the Sanctuary that contributes to its conservation,

             recreational, ecological, historical, research, educational or

             aesthetic value, including, but not limited to, the substratum of

             the Bay, corals and coralline algae, benthic invertebrates and

             algae, plankton, fish, birds, marine mammals and historical

             resources.

                   (M) "Taking any marine mammal or seabird" means harassing,

             hunting, capturing, collecting, or killing, or attempting to

             harass, hunt, capture, collect, or kill, any marine mammal or

                                             99

              seabird, including, but not limited to, any of the following:

              collecting dead marine mammals or seabirds, or parts thereof,

              restraining or detaining any marine mammal or seabird, no matter

              how temporary, tagging a marine mammal or seabird, operating an

              aircraft or vessel or doing any other act that result in the

              disturbing or molesting of marine mammals or seabirds.

                   (N) "Thrill craft" means any motorized vessel that is

              generally less than thirteen feet in length as manufactured, is

              capable of exceeding a speed of twenty miles per hour, and has

              the capacity to carry not more than the operator and one other

              person whi le in operation. The term includes but is not limited

              to jet skis, wet bikes, surf jets, miniature speed,boats, and

              hovercraft.

                   (0) "Vessel" means watercraft of any description capable of

              being used as a means of transportation in the waters of the

              Sanctuary.

                   Other terms appearing in the regulations are defined at

              15 C.F.R. � 922.2 or in the Act.

              � 944.4 Allowed activities.

                   All activities except those prohibited by section 944.5 may

              be undertaken subject to any emergency regulation promulgated

              pursuant to section 944.6 and all prohibitions, restrictions, and

              conditions validly imposed by any other authority of competent

              jurisdiction. If any valid regulation issued by any Federal,

              State, or local authority of competent jurisdiction, regardless

                                             100

              of when issued, conflicts with a Sanctuary regulation, the

              regulation more protective of Sanctuary resources and Sanctuary

              qualities shall govern.

              � 944.5 Prohibited activities.

                   (a) Except as specified in paragraphs (c) through (i) below,

              the following activities are prohibited and thus unlawful for any

              person to conduct or cause to be conducted:

                   (1) Exploring for, developing, or producing oil, gas or

                   minerals in the Sanctuary;

                   (2) Discharging or depositing, from within the boundaries

                   of the Sanctuary, any material or other substance except:

                        (i) fish, fish parts, chumming materials or bait used

                        in or resulting from normal fishing operations in the

                        Sanctuary;

                        (ii) biodegradable effluents incidental to vessel use

                        generated by marine sanitation devices approved by the

                        U.S. Coast Guard;

                        (iii) water generated by routine vessel operations

                        (e.g., cooling water and deck washdown) excluding bilge

                        pumping; or

                        (iv) engine exhaust.

                   (3) Discharging or depositing, from beyond the boundaries

                   of the Sanctuary, materials or other substances, other than

                   those listed in (2)(i), (ii), (iii) and (iv) above, that

                   subsequently enter the Sanctuary and injure a Sanctuary

                                             101

                   resource or Sanctuary quality.

                   (4) Moving, possessing or injuring, or attempting to move,

                   possess, or injure, a Sanctuary historical resource. This

                   prohibition does not apply to accidental moving, possession

                   or injury during normal fishing operations.

                   (5) Drilling through, dredging or otherwise altering the

                   seabed of the Sanctuary; or constructing, placing or

                   abandoning any structure or material on the seabed of the

                   Sanctuary. This prohibition does not apply if any of the

                   above results from: anchoring vessels; normal fishing

                   operations; routine harbor maintenance; installation of

                   navigation aids; maintenance of mariculture operations

                   existing as of the effective date of these regulations; and

                   the construction of docks and piers.

                   (6) Taking any marine mammal or   seabird in or above the

                   Sanctuary, except in accordance with and as permitted by

                   regulations promulgated under the Marine Mammal Protection

                   Act (MMPA) and the Endangered Species Act (ESA).

                   (7) Flying motorized aircraft at less than 1000   feet above

                   the Sanctuary within three nautical miles of State of

                   California designated reserves, parks, beaches or refuges,

                   or the Los Padres National Forest.

                   (b) The prohibitions in paragraph (a) apply to United

              States-flag vessels and to persons who are citizens, nationals or

              resident aliens of the United States; and to foreign-flag vessels

              and persons not citizens, nationals, or resident aliens of the

                                              102

              United States to the extent consistent with generally recognized

              principles of international law, and in accordance with treaties,

              conventions, and other agreements to which the United States is a

              party.

                    (c) The prohibitions in paragraph (a)(2)-(7) do not apply

              to any activity necessary to respond to an emergency threatening

              life, property, or the environment.

                    (d) The prohibitions in paragraph (a)(2)-(7) do not apply

              to activities that are necessary for national defense or law

              enforcement. Whenever an activity necessary for national defense

              or law enforcement would violate a prohibition set forth in the

              Sanctuary regulations were it not necessary for national defense

              or law enforcement, the head of the agency taking the action

              shall notify the Secretary of Commerce or designate of the

              proposed activity if there is sufficient time to permit

              consultation without jeopardizing national defense or law

              enforcement. Such notification shall be sufficiently in advance

              of undertaking the activity in order to permit consultations as

              to how the activity could be conducted to minimize any adverse

              impact on Sanctuary resources and qualities without compromising

              national defense or law enforcement. Activities that are not

              necessary for national defense or law enforcement, such as

              training exercises and routine vessel operations, are subject to

              all prohibitions contained in the Sanctuary regulations.

                    (e) The prohibitions in paragraph (a)(2)-(7) do not apply

              to any activity authorized by a permit issued pursuant to section

                                               103

              944.8 of these implementing regulations.

                   (f) The prohibitions in paragraph (a)(2)-(7) do not apply

              to any activity authorized by a valid lease, permit, license, ap-

              proval, or other authorization issued as of the effective date of

              Sanctuary designation by any Federal, State, or local authority

              of competent jurisdiction, or by any valid right of subsistence

              use or access in existence as of the effective date of Sanctuary

              designation, provided that the owner or holder of such

              authorization or right notifies the Director of the existence of

              such authorization or right in accordance with the requirements

              of section 944.9 of these regulations and requests certification

              of such authorization or right, and provided that the owner or

              holder complies with any terms and conditions on the exercise of

              such authorization or right imposed by the Director as he or she

              deems necessary to achieve the purposes for which the Sanctuary

              was designated.

                   (g) The prohibitions in paragraph (a)(2)-(7) do not apply

              to any activity authorized by any lease, permit, license,

              approval, or other authorization issued after the effective date

              of Sanctuary designation, if the Director was notified of the

              application for such authorization by the applicant in accordance

              with the requirements of section 944.10 of these implementing

              regulations and the Director did not object to the issuance of

              such authorization, and such authorization contains, and the

              owner or holder complies with, such terms and conditions as the

              Director deems necessary to protect Sanctuary resources and

                                             104

              Sanctuary qualities.

                   (h) Notwithstanding paragraphs (e), (f), and (g) above, in

              no event may the Director issue a National Marine Sanctuary

              permit authorizing, or otherwise approve, the exploration for,

              development or production of oil, gas or minerals in the

              Sanctuary, and any leases, licenses, permits, approvals, or other

              authorizations authorizing the exploration, development, or

              production of oil, gas or minerals in the Sanctuary issued after

              the effective date of Sanctuary designation shall be invalid.

              � 944.6 Emergency regulations.

                  Where necessary to prevent or minimize the destruction of,

              loss of, or injury to a Sanctuary resource or quality, or

              minimize the imminent risk of such destruction, loss or injury,

              any and all activities are subject to immediate temporary

              regulation, including prohibition, in accordance with the

              Administrative Procedure Act.

              � 944.7 Penalties for commission of prohibited acts.

                   (a) Each violation of the Act, any regulation in this Part,

              or any permit issued pursuant thereto, is subject to a civil

              penalty of not more than $50,000. Each day of a continuing

              violation constitutes a separate violation.

                   (b) Regulations setting forth the administrative procedures

              governing the assessment of civil penalties, enforcement hearings

              and appeals, permit sanctions and denials for enforcement

                                             105

              reasons, and the issuance of written warnings are governed by

              15 CFR Part 904.

              � 944.8 National Marine Sanctuary permits - application

              procedures and issuance criteria.

                   (a) A person may conduct an activity otherwise prohibited

              by section 944.5(a)(2)-(7) if authorized by a permit issued under

              this section.

                   (b) Applications for such permits should be addressed to

              the Director of the Office of Ocean and Coastal Resource

              Management; ATTN: Marine and Estuarine Management Division,

              Office of Ocean and Coastal Resource Management, National Ocean

              Service, National Oceanic and Atmospheric Administration, 1825

              Connecticut Avenue, N.W., Washington, D.C. 20235. An

              application must include a detailed description of the proposed

              activity including a timetable for completion of the activity and

              the equipment, personnel, and methodology to be employed. The

              qualifications and experience of all personnel must be set forth.

              The application must set forth the anticipated effects of the

              activity, if any, on Sanctuary resources and Sanctuary qualities.

              Copies of all other required licenses, permits, approvals, or

              other authorizations must be attached.

                   (c) Upon receipt of a complete application, the Director or

              designate, at his or her discretion, may request such additional

              information from the applicant as he or she deems necessary to

              act on the application, may seek the views of any persons and may

                                             106

             hold a public hearing.

                  (d) The Director, at his or her discretion, may issue a

             permit, subject to such terms and conditions as he or she deems

             appropriate, to conduct an activity otherwise prohibited by

             section 944.5(a)(2)-(7), if the Director finds that the activity

             will: further research related to Sanctuary resources; further

             the educational, natural or historical resource value of the

             Sanctuary; further salvage or recovery operations in or near the

             Sanctuary in connection with a recent air or marine casualty;

             assist in managing the Sanctuary; have only negligible, short-

             term adverse effects on Sanctuary resources and Sanctuary

             qualities; or further salvage or recovery operations in

             connection with an abandoned shipwreck in the Sanctuary title to

             which is held by the State of California. In deciding whether to

             issue a permit, the Director may consider such factors as: the

             professional qualifications and financial ability of the appli-

             cant as related to the proposed activity; the duration of the

             activity and its effects, the appropriateness of the methods and

             procedures proposed by the applicant for the conduct of the

             activity; the extent to which the conduct of the activity may

             diminish or enhance the qualities for which the Sanctuary was

             designated; the end value of the applicant's activity; and such

             other matters as the Director deems appropriate.

                  (e) A permit issued pursuant to this section is

             nontransferable.

                  (f) The Director may amend, suspend or revoke a permit

                                            107

              issued pursuant to this section or deny a permit application

              pursuant to this section, in whole or in pa rt, for good cause.

              Any such action shall be communicated in writing to the permittee

              or applicant and shall set forth the reason(s) for the action

              taken. Procedures governing permit sanctions and denials for

              enforcement reasons are governed by Subpart D of 15 CFR Part 904.

                   (g) It shall be a condition of any permit issued that the

              permit or a copy thereof be displayed on board all vessels or

              aircraft used in the conduct of the activity.

                   (h) It may be a condition of any permit issued that any

              data or other information obtained under the permit be made

              available to the public.

              � 944.9 Certification of leases, licenses, permits, approvals,

              other authorizations, or rights to conduct a prohibited activity

              issued or in existence as of the effective date of Sanctuary

              designation.

                   (a) The prohibitions in section 944(a)(2)-(7) do not apply

              to any activity authorized by a valid lease, permit, license,

              approval or other authorization issued as of the effective date

              of Sanctuary designation by any Federal, State, or local

              authority of competent jurisdiction, or by any valid right of

              subsistence use or access in existence as of the'effective date

              of Sanctuary designation, provided that the owner or holder of

              such authorization or right notifies the Director, in writing,

              within 90 days of the effective date of Sanctuary designation, of

                                             108

             the existence of such authorization or right, and simultaneously

             requests certification of such authorization or right, and

             provided that the owner or holder complies with any terms and

             conditions on the exercise of such authorization or right

             imposed, as a condition of certification, by the Director as

             necessary to achieve the purposes for which the Sanctuary was

             designated.

                  (b) The owner or holder of a valid lease, permit, license,

             approval or other authorization issued as of the effective date

             of Sanctuary designation by any Federal, State, or local

             authority of competent jurisdiction, or of any valid right of

             subsistence use or access in existence as of the effective date

             of Sanctuary designation, authorizing an activity otherwise

             prohibited.by section 944.5(a)(2)-(7) may conduct the activity

             without being in violation of section 944.5(a)(2)-(7) pending

             final agency action on a timely certification request.

                   (c) Requests for certifications should be addressed to the

             Director, Office of OCean and Coastal Resource Management; ATTN:

             Marine and Estuarine Management Division, Office of Ocean and

             Coastal Resource Management, National Ocean Service, National

             Oceanic and Atmospheric Administration, 1825 Connecticut Avenue,

             N.W., Washington, D.C. 20235. A copy of the lease, permit,

             license, approval or other authorization must accompany the

             request.

                   (d) After receipt of a request for certification, the

             Director may either issue a decision within 120 days of receipt

                                             109

              of the request or, within 30 days of receipt of the request for

              certification, request additional information from the applicant

              as he or she deems necessary to condition appropriately the

              exercise of the certified authorization or right to achieve the

              purposes for which the Sanctuary was designated. The applicant

              then has 30 days to supply the requested information. Failure to

              supply the requested information within 30 days shall cause the

              applicant to be immediately subject to the prohibitions in

              section 944.5(a)(2)-(7). The Director, in his or her discretion,

              may seek the views of any persons on the certification request.

              The Director, at his or her discretion, will then issue a

              decision within 120 days of receipt of the requested information

              or may, within 60 days of receipt of the requested information,

              issue a notice in the Federal Register of the intent to hold a

              public hearing. The public hearing will then be held within 30

              days of the publication of the notice in the Federal Registe .

              The Director will then have 60 days to make a decision from the

              close of the public hearing, if any. As a condition of

              certification, the Director may impose such terms and conditions

              on the exercise of such authorization or right as he or she deems

              necessary to achieve the purposes for which the Sanctuary was

              designated.

                    (e) Any certification called for in this section shall be

              presumed without the imposition of conditions or terms unless the

              Director acts on the certification request within 120 days of

              receipt thereof or, if the Director has requested additional

                                             110

             information, within 120 days of receipt thereof, or 60 days from

             the close of any public hearing held.

                  (f) The Director may amend, suspend, or revoke any

             certification made under this section whenever the continued

             conduct of the activity would violate any terms or conditions of

             the certification. Any such action shall be communicated in

             writing to both the holder of the certified lease, permit,

             license, approval, or other authorization and the issuing agency

             and shall set forth the reason(s) for the action taken.

                  (g) Either the holder, owner or the issuing agency may

             appeal any action conditioning, amending, suspending, or revoking

             any certification in accordance with the procedure provided for

             in section 944.11.

                  (h) Any amendment, renewal or extension not in existence as

             of the date of Sanctuary designation of a lease, permit, license,

             approval, other authorization or right shall be subject to the

             provisions of section 944.10.

             � 944.10 Notification of applications for leases, licenses,

             permits, approvals, or other authorizations to conduct a prohibi-

             ted activity.

                   (a) The prohibitions set forth in section 944(a)(2)-(7) do

             not apply to any activity authorized by any valid lease, permit,

             license, approval or other authorization issued after the

             effective date of Sanctuary designation by any Federal, State, or

             local authority of competent jurisdiction, provided that the

              Director is notified of the application for such authorization

              within fifteen days of the date of application or of the

              effective date of Sanctuary designation, whichever is later, and

              that the Director or designate does not object to the issuance of

              such authorization and that such authorization contains, and the

              owner or holder complies with, such terms and conditions as the

              Director deems necessary to protect Sanctuary resources and

              Sanctuary qualities.

                    (b) Any person applying for a lease, permit, license,

              approval or other authorization from any Federal, State, or local

              authority to conduct an activity that would be prohibited under

              section 944.5(a)(2)-(7) must notify the Director in writing,

              within 15 days of the date of application or of the effective

              date of Sanctuary designation, whichever is later, of the filing

              of the application. Any applicant may request the Director to

              issue a finding as to whether an activity for which an

              application to any Federal, State, or local authority of

              competent jurisdiction for a lease, permit, license, approval, or

              other authorization is proposed to be made or has been made would

              be prohibited by section 944.5(a)(2)-(7) unless the Director is

              notified and does not object to issuance.

                    (c) Notification of the filing of an application must be

              addressed to the Director, Office of ocean and.Coastal Resource

              Management; ATTN: Marine and Estuarine Management Division,

              Office of Ocean and Coastal Resource Management, National Ocean

              Service, National Oceanic and Atmospheric Administration, 1825

                                              112

             Connecticut Avenue, N.W., Washington, D.C. 20235. A copy of the

             application must accompany the notification.

                  (d) Upon receipt of a notification, the Director may

             request such additional information from the applicant as he or

             she deems necessary to determine whether to object to issuance of

             such lease, license, permit, approval, or other authorization, or

             what terms and conditions such authorization must contain in

             order to protect Sanctuary resources and Sanctuary qualities.

             The Director, in his or her discretion, may seek the views of any

             persons and hold a public hearing on the application.

                  (e) The Director shall notify the agency to which

             application has been made within the time period allowed for

             comment on the application of whether he or she has an objection

             to issuance or what terms and conditions he or she determines

             such lease, license, permit, approval, or other authorization

             must contain in order to protect Sanctuary resources and

             Sanctuary qualities.

                  (f) If the Director fails to notify the agency to which

             application has been made within the time period allowed by that

             agency for comment on the application of his or her objection to

             issuance or of the terms and conditions he or she has determined

             such lease, license, permit, approval, other authorization or

             right must contain, then his or her concurrence to issuance

             without terms or conditions to protect Sanctuary resources and

             Sanctuary qualities shall be presumed.

                  (g) The applicant may appeal any objection by, or terms or

                                            113

               conditions imposed by, the Director to the Assistant

               Administrator or designate in accordance with the procedure set

               forth in section 944.11.

               � 944.11 Appeals of administrative action.

                    (a) Except for permit actions taken for enforcement reasons

               (see Subpart D of 15 CFR Part 904 for applicable procedures), an

               applicant for a section 944.8 permit, a section 944.8 permittee,

               a section 944.9 certification requester, or a section 944.10

               applicant (hereinafter appellant) may appeal to the Assistant

               Administrator or designate: 1) the grant, conditioning,

               amendment, denial, suspension or revocation of a National Marine

               Sanctuary permit by the Director under section 944.8; 2) the

               conditioning, amendment, or revocation of a certification under

               section 944.9; or 3) the objection to issuance or the imposition

               of terms and conditions under section 944.10. Such appeal must

               be in writing, state the action(s) appealed and the reason(s)

               therefor, and be received within 30 days of the action(s) by the

               Director. Appeals must be addressed to the Assistant

               Administrator, National Ocean Service; ATTN: Marine and

               Estuarine Management Division, Office of Ocean and Coastal

               Resource Management, National Ocean Service, National Oceanic and

               Atmospheric Administration, 1825 Connecticut Avenue, N.W.,

               Washington, D.C. 20235.

                    While the appeal is pending appellants requesting

               certification pursuant to and otherwise in adherence with section

                                              114

            944.9 may continue to conduct their activities without being in

            violation of the prohibitions in section 944.5(a)(2)-(7). All

            other appellants may not conduct their activities without being

            subject to the prohibitions in section 944.5(a)(2)-(7).

                 (b) Within 30 days of receipt of an appeal, the Assistant

            Administrator or his or her designate may request the appellant

            or any person to submit such information as the Assistant

            Administrator or his or her designate deems necessary in order

            for him or her to decide the appeal. The appellant shall then

            have 30 days from receipt of the request for additional

            information from the Assistant Administrator or his or her

            designate to supply the additional information. The Assistant

            Administrator or his or her designate, at his or her discretion,

            may hold an informal hearing on the appeal. If the Assistant

            Administrator or his or her designate determines that an informal

            hearing should be held, he or she may designate an officer before

            whom the hearing shall be held. Notice of the time, place, and

            subject matter of the hearing shall be published in the Federal

            Register within 120 days of receipt of the appeal. Such hearing

            shall be held no later than 30 days following publication of the

            notice in the Federal Register, unless the hearing officer

            extends the time for reasons he or she deems equitable. The

            appellant and the Director may appear personally or by counsel at

            the hearing and submit such material and present such arguments

            as deemed appropriate by the hearing officer. Within 60 days

            after the record for the hearing closes, the hearing officer

                                           115

              shall recommend a decision in writing to the Assistant

              Administrator or his or her designate.

                   (c) The Assistant Administrator or his or her designate

              shall decide the appeal based on the record before the Director

              and the record of the appeal. If a hearing has been held before

              a hearing officer, the Assistant Administrator or his or her

              designate may adopt the hearing officer's recommended decision,

              in whole or in part, or reject or modify it. In any event, if a

              hearing is held, the Assistant Administrator or his or her

              designate shall notify the appellant and other interested persons

              of his or her decision and the reason(s) therefor in writing

              within 60 days of receipt of the recommended decision of the

              hearing officer. If an informal hearing is not held, the

              Assistant Administrator or his or her designate shall notify the

              appellant and other interested persons of the final decision and

              the reason(s) therefor in writing, normally within 60 days of the

              date of the receipt of adequate information to make the decision.

              The Assistant Administrator's or his or her designate's decision

              shall constitute final agency action for the purposes of the

              Administrative Procedure Act.

                   (d) Any time limit prescribed in this section may be

              extended by the Assistant Administrator or his or her designate

              for good cause for a period not to exceed 30 days, either upon

              his or her own initiative or upon written request from the

              appellant stating the reason(s) therefor.

                                             116

           Appendix I. Proposed Monterey Bay National Marine Sanctuary

           Boundary Coordinates.

           (Appendix I will set forth the precise boundaries based on the

           comments received on the DEIS/MP).

                                           117

                                                                    References

                                              118

            PART IX: REFERENCES

            Bonnell, M.L., M.O. Pierson, and G.D. Farrens. 1983. Pinnipeds
               and Sea Otters of Central and Northern California, 1980-1983:
               Status, Abundance, and Distribution. Prepared by Center for
               Marine Studies, Univ. of California, Santa Cruz, for the
               Pacific OCS Region, Minerals Management Service, U.S. Dept. of
               the Interior. OCS Study MMS 84-0044. 220 pp.

            Breaker, L.C. and W.W. Broenkow. 1989. The Circulation of Monterey
               Bay and Related Processes. Moss Landing Marine Laboratories
               Tech. Pub. 89-1.

            Bureau of Land Management (BLM). 1980. Final Environmental
               Impact Statement, OCS Lease Sale No. 53, Vol. 1.

            Dohl, T.P. 1983. Marine Mammals and Seabirds of Central and
               Northern California, 1980 - 1983; Synthesis of Findings. Center
               for Marine Studies, Univ. of Calif., Santa Cruz.   Report on
               Contract No. 14-12-0001-29090 to Pacific OCS Region, Minerals
               Management Service, U.S. Department of the Interior,
               Washington, D.C.

            Gordon, B.L. 1977. Monterey Bay Area: Natural History and
               Cultural Imprints. Boxwood Press, Pacific Grove, CA. 321p.

            Loughlin, T.R., D.J. Rugh, and C.H. Fiscus. 1984. Northern Sea
               Lion Distribution and Abundance: 1956-1980. J. Wildl. Manage.
               48 (3):729-740.

            Meighan. C.W., 1965. Pacific Coast Archaeology. The Quaternary
               of the United States. Princeton (eds. H.E. Wright and D.G.
               Frey).

            Minerals Management Service, U.S. Department of the Interior. 1987.
               5-year Outer Continental Shelf Oil and Gas Leasing Program. Mid-
               1987 to Mid-1992: Final Environmental Impact Statement.
               Minerals Management Service, Washington, D.C.

            NOAA. 1983. National Marine Sanctuary Site Evaluations.
               Recommendations and Final Reports. Prepared by, Chelsea
               International Corporation for NOAA, Office of Ocean and.Coastal
               Resource Management, Sanctuary Programs Division. Contract No.
               NA-82-SAC-00647.

            Saunders, R.T. 1989. Overview of the California Sea Otter
               Population: Biology, Status, and Threats. In Information
               Submitted by Friends of the Sea Otter to NOAA's Marine and
               Estuarine Management Division.

                                              119

             U.S. Army Corps of Engineers. 1975. Dredge Disposal Study, San
                 Francisco Bay and Estuary. Appendix L. Ocean Disposal.
                 September, 1975.

             U.S. Army Corps of Engineers. 1977. Patterns of Succession in
                 Benthic Infaunal Communities Following Dredging and Dredged
                 Material Disposal in Monterey Bay. Prepared by J. Oliver, P.
                 Slattery, L. Hulberg and J. Nybakken, Moss Landing Marine
                 Laboratories, Moss Landing, CA. Final Report. Technical Report
                 D-77-27, Under Contract No. DACW39-74-C-0151.

             U.S. Department of the Interior. 1987. Proposed 5-year Outer
                 Continental Shelf Oil and Gas Leasing Program: mid-1987 to mid-
                 1992; Final Environmental Impact Statement. Minerals Management
                 Service, Washington, D.C.

                                               120

                                                U.S. GOVERNMENT PRINTING OFFICE: 1990 - 2 6 1 - 9 1 52 0 6 3 1

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