[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. ï¿½ 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. ï¿½ï¿½

         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. ï¿½ï¿½ 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. ï¿½ï¿½ 1431 et sea.







                                           96










         ï¿½ 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.



         ï¿½ 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.



          ï¿½ 944.3 Definitions.

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

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

          ï¿½ï¿½ 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. ï¿½ 922.2 or in the Act.



          ï¿½ 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.



          ï¿½ 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.



          ï¿½ 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.




          ï¿½ 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.




          ï¿½ 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.



          ï¿½ 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.



         ï¿½ 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.




           ï¿½ 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.



































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                                            U.S. GOVERNMENT PRINTING OFFICE: 1990 - 2 6 1 - 9 1 52 0 6 3 1




























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