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








                           MONTEREY BAY NATIONAL MARINE SANCTUAR   Y


                           F E I S



                           VOLU14E I

                                                       AUGUST, 1991














































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                        Monterey                Final Environmental
                                   Bay           mpact Statement/
                          National              Management Plan
                             Marine
                       Sanctuary                volume I





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                   National Oceanic and
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                   Sanctuaries and                                     hb,7@
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                           UNITED STATES DEPARTMENT OF COMMERCE


                           FINAL ENVIRONMNTAL IMPACT STATEMENT
                           AND MANAGEMENT PLAN FOR THE PROPOSED
                          MONTEREY BAY NATIONAL MARINE SANCTUARY


                                      xxxxx, 1991
                                      (Augustj 1991)















          U11











                                       Prepared BY:
                                       Sanctuaries and Reserves 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












                                            Title
            Final Environmental Impact Statement and Management Plan for the
            Proposed Monterey Bay National Marine Sanctuary

                                           Abstract
            The National Oceanic and Atmospheric Administration proposes to
            designate Monterey Bay and its adjacent waters, and the submerged
            lands thereunder, off central California as a National Marine
            Sanctuary.

            The proposed Sanctuary boundaries encompass an area of
            approximately 2,539 square nautical miles in and surrounding
            Monterey Bay, off the central coast of California. The proposed
            Sanctuary boundaries include the coastal and ocean waters over, and
            the submerged lands under, the entire Monterey Canyon between the
            northern boundary of Pescadero Marsh 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 2400. These southern and northern boundarids 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 meters). Santa Cruz, Moss Landing and
            Monterey Harbors are all excluded from the Sanctuary boundaries
            shoreward from their respective colreg. demarcation lines except
            for Moss Landing Harbor where all of Elkhron Slough east of the
            Highway one bridge is included within the Sanctuary boundaries.

            The designation of the Monterey Bay area as a National Marine
            Sanctuary would'provide an integrated program of resource
            protection, research and education to assist in the long-term
            management and protection of its resources. Resource protection
            will involve cooperation with other agencies in formulating
            resource protection policies and procedures.

            zight 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; marine mammals, turtles and seabirds;
            and "thrill craft". Two other activities are potentially subject
            to regulations: vessel traffic and fishing. Alternatives to the
            proposed action include the status quo, larger and smaller boundary
            options and a non-regulatory option.

            Research will include baseline studies, monitoring, and analysis
            and prediction projects to provide information needed in resolving
            management issues. Education programs will be directed to
            improving public awareness of the Sanctuary's resources and the
            need to use them wisely to ensure their viability.












       Lead Agency:    U.S. Department of Commerce
                       National Oceanic and Atmospheric Administration
                       National Ocean Service
                       office of Ocean and Coastal Resource Management

       Contact:        Raphael Lopez, Regional Manager
                       Sanctuaries and Reserves Division
                       Office of Ocean and Coastal Resource Management
                       National Ocean Service/NOAA
                       1825 Connecticut Avenue, N.W., Suite 714
                       Washington, D.C. 20235
                       (202) 606-4126












                    FINAL ENVIRONMENTAL IMPACT STATEMENT AND MANAGEMENT PLAN
                     FOR THE PROPOSED MONTEREY BAY NATIONAL MARINE SANCTUARY



                                                TABLE OF CONTENTS


                                                                                        PAGE


              LIST OF FIGURES    ........9......................................         Xi

              LIST OF TABLES  ................................................          Xii


              PART I: EXECUTIVE SUMMARY                                                 I-1

              I. Introduction      . . . . . . . . . . . . . . . . . . . . . .           1-3

              II. Authority for Designation         . . . . . . . . . . . . . . .        1-4

              III. Goals of the National Marine Sanctuary Program            . . . .     1-5

              IV. Status of the National Marine Sanctuary Program            . . . .     1-5

              V. History of the Proposed Monterey Bay National Marine
                    Sanctuary    . . . . . . . . . . . . . . . . . . . . . . .           1-7

              VI.   Purpose and Need for Designation       . . . . . . . . . . .        I-10
                    A. Natural Resources       . . . . . . . . . . . . . . . .          I-10
                    B. Present and Potential Uses       . . . . . .                     1-13
                    C. Adequacy of Existing Authorities to Man;g;         t'h; @r;a     1-16
                    D. Benefits Derived From Sanctuary Status         . . . . . .       1-19

              VII. Socioeconomic Effects of Designation           . . . . . . . .       1-23
                    A.   Fishing   . . . . . . . . . . . . . . . . . . . . .            1-24
                    B.   oil and Gas    . . . . . . . . . . . . . . . . . . .           1-25
                    C.   Discharge and Deposits     . . . . . . . . . . . . . .         1-25
                    D.   Thrill Craft   . . . . . . . . . . . . . . . . . . .           1-27
                    E.   overflights    . . . . . . . . . . . . . . . . . . .           1-28
                    F.   Vessel Traffic   . . . . . . . . . . . . . . . . . .           1-28
                    G.   Alteration of or construction on the Seabed         . . .      1-29

              VIII. Manageability of the Area         . . . . . . . . . . . . .         1-30
              IX.   Consultations     . . . . . . . . . . . . . . . . . . . .           1-32
                    A.   National Environmental Policy Act (NEPA)        . . . . .      1-32
                    B.   Endangered Species Act (ESA)      . . . . . . . . . . .        1-32
                    C.   Resource Assessment      . . . . . . . . . . . . . . .         1-33
                    D.   Federal Consistency Determination        . . . . . .           1-34
                    E.   Fishery Regulations      . . . . *  .      0 . .       : :     1-34
                    F.   other Federal and State Agencies and the       U.S.             -35
                           Congress   . . . . . . . . . . . . . . . . . . . .           I










         P 7 11: T E AFFECTED ENVIRONMENT
         I. Section: The Regional Context                                          11-4
               A. Sanctuary Location      . . . .                                  11-4
               B. Regional Access       . . . . . .                                11-5
         II.   Section: Sanctuary-Resources        . . . . . . . . . . . .         11-7
               A. Introduction     . . . . . . . . . . . . . . . . . . .           11-7
               B. Environmental Conditions        . . . . . ... . . . . . .        11-7
                     1. Geological Oceanography       . . . . . . . . . . .        11-7
                     2. Meteorology     . . . . . . . . . . . . . . . . .         II-10
                     3. Physical Oceanography      . . . . . . . . . . . .        11-12
                     4. Water Quality : , , * *       * * * *  * *  * * ,  * -    11-22
               C. Habitats    . . . . .     . . . . . . . . . . . . . . .         11-28
                     1.  Introduction     . . . . . . . . . . . . . . . .         11-28
                     2.  Submarine Canyon Habitat       . . . . . . . . . .       11-28
                     3.  Nearshore Sublittoral Habitat      . . . . . . . .       11-29
                     4.  Rocky Intertidal Habitat       . . . . . . . . . .       11-31
                     5.  Sandy Beach Intertidal Habitat        . . . . . . .      11-32
                     6.  Kelp Forest Habitat      . . . . . . . . . . . . .       11-32
                     7.  Estuaries and Sloughs     .. . . . . . . . . . . .       11-34
               D. Biological Resources      . . . . . . . . . .. . . . . .        11-36
                     1.  Introduction     . . . . . . . . . . .                   11-36
                     2.  Plankton    . . . . . . . . . . . . .                    11-36
                     3.  Algae   . . . . . . . . . . . . . . . . . . . .          11-38
                     4.  Invertebrates    . . . . . . . . . . .                   11-39
                     5.  Fishes    . ... . . . . . . . . . .     :  : : :  : .    11-42'
                     6.  Seabirds    . . . . . . . . . . . . . . . . . .          11-45
                     7.  Turtles   . . . . . . . . . . . . . . . . . . .          11-49
                     8.  Marine Mammals     . . . .. . . . . . . . . . . .        11-49
               E. Cultural and Historical Resources         . . . . . . . .       11-58
                     1. Historic sites      . . . . . . . . . . . . . . .         11-58
                     2. Shipwrecks      . . . . . . . . . . . . . . . . .         11-60
               F. Existing Protected Areas        . . . . . . . . . . . . .       11-60
                     1. State Refuges and Reserves        . . . . . . . . .       11-61
                     2. State Historic Parks       . . . . . . . . . . . .        11-69
                     3. California State Park      System and Beaches             11-70

         III. section: Human Activities       . . . . . . . . . . . . . .         11-72
               A. Fishing     . . . . . . . . . . . . . . . . . . . . .           11-72
                     1. Commercial Fishing        . . . . . . . . . . . . .       11-72
                     2. Mariculture    . . . . . . . . . . . . . . . . .          11-73
                     3. Kelp Harvesting - -                                       11-74
               B. Hydrocarbon and Mineral A@tivities*                             11-75
                     1. oil and Gas     . . . . . . . . . . . . . . . . .         11-75
                     2. Sand Mining    . . . .    * *@e@g. .   0 0  . 0 . . .     11-77
               C. Vessel Traffic, Harbors and D           ing  . . . . . . .      11-77
                     1. Vessel Traffic      . . . . . . . . . . . . . . .         11-77
                     2. Harbors    . . . . . . . . . . . . . . . . . .       *    11-80
                     3. Dredging     . . . . . . . . . . . . . . . . . .          11-82
                     4. Dredge Disposal     . . . . . . . . . . . . . . .         11-82


                                                ii









                  D. Discharges, Deposits and Non-Dredge Material       Dump
                        Sites  . . . . . . . . . . . . . . . . . . . . . .       11-83
                        1. Point Source Discharges     .. . . . . . . . . . .    11-83
                        2. Non-Point Source Discharges .                         11-86
                        3. Desalination Plant Discharges     :  : : : : :
                                                                           . .   11-87
                        4. Non-Dredge Material Dump Sites       . . . . . . .    11-92
                  E.   Military Activity    . . . . . . . . . . . . . . . .      11-93
                  F.   Research and Education   . . . . . . . . . . . . . .      11-94
                  G.   Land Use  . . . . . . . . . . . . . . . . . . . . .       11-98
                  H.   Coastal Development    . . . . . . . . . . . . . . .      11-99
                  I.   Recreational Activities and Tourism      . . . . . .     II-100
                        1.  Tourism                                             II-100
                        2.  Coastal   @e@r;atii@n'A@e;s'                        II-101
                        3.  Recreational Boating     . . . . . . . . . . .      II-101
                        4.  "Personal water craft"     . . . . . . . . . .      11-102
                        5.  Recreational Fishing     . . . . . . . . . . .      11-103
                        6.  Intertidal Collecting    . . . . . . . . . . .      11-104
                        7.  Diving    . . . . . . . . . . . . . . . . . .       11-104
                        8.  Nature Observation     . . . . . . . . . . . .      11-105
                        9.  Surfing   . . . . . . . . . . . . . . . . . .       11-105

             IV. Section: Existing Resource Protection       Regime   . .  .    11-107
                  A. Introduction     . . . . . . . . . . . . . . . . . .       11-107
                  B. Federal Authorities      . . . . . . . . . . . . . .       11-107
                  C. State Authorities      . . . . . . . . . . . . . . .       II-110









         PART III: ALTE                       rG THE PREFERRED   ALTERNATIVE
         I. Section:      Boundary Alternatives       . . . . . . . . . . .       111-6
               A. Introduction     . . . . . . . . . . . . . . . . . . .          111-6
               B. Boundary Alternative 1       . . . . . . . . . . . . . .        111-7
                     1. Geography    . . . . . . . . . . . . . . . . . .          111-7
                     2. Distinguishing Characteristics         . . . . . . .      111-7
               C. Boundary Alternative 2       . . . . . . . . . . . . . .        111-8
                     1. Geography    . . . . . . . . . . . . . . . . . .          111-8
                     2. Distinguishing Characteristics         . . . . . . .      111-8
               D. Boundary Alternative 3       . . . . . . . . . . . . . .        111-9
                     1. Geography    . . . . . . . . . . . . . . . . . .          111-9
                     2. Distinguishing Characteristics         . . . . . . .      111-9
               E. Boundary Alternative 4       . . . . . . . . . . . . .         III-10
                     1. Geography    . . . . . . . . . . . . . . . . .           III-10
                     2. Distinguishing Characteristics         . . . . . .       III-10
               F. Boundary Alternative 5       . . . . . . . . . . . . .         III-11
                     1. Geography    . . . . . . . . . . . . . . . . .           III-11
                     2. Distinguishing Characteristics         . . . . . .       III-11
               G. Boundary Alternative 6       . . . . . . . . . . . . .         111-12
                     1. Geography    . . . . . ... . . . . .     . . . . .       111-12
                     2. Distinguishing Characteristics         . . . . . .       111-12
               H. Boundary Alternative 7       . . .. . . . . . . . . . .        111-13
                     1. Geography    . . . . . . . . . . . . . . . . .           111-13
                     2. Distinguishing Characteristics         . . . . . .       111-13

         II. Section: Regglatory Alternatives           . . . . . . . . .        111-14
               A. Introduction     . . . . . . . . . . . . . . . . . .           111-14
               B. oil, Gas and Mineral Activities         . . . . . . . .        111-15
                     1. Status Quo     . . . . . . . . . . . . . . . .           111-15
                     2. Sanctuary Alternative      I . . . . . . . . . .         111-18
                     3. Sanctuary Alternative      2 (Preferred)      . . .      111-19
               C. Discharges or Deposits       . . . . . . . . . . . . .         111-22
                     1. Status Quo     . . . . . . . .                           111-22
                     2. Sanctuary Alternative      (Prefe@r;d*                   111-30
               D. Historical Resources      . . . . . . . . . . . . . .          111-39
                     1. Status Quo     . . . . . . . .           *  * * *  '     111-39
                     2. Sanctuary Alternative      (Prefe@r;d*   . . . . .       111-41
               E. Alteration of or Construction on the Seabed                    111-43
                     1. Status Quo   . . . . . . . . .           * *             111-43
                     2. Sanctuary Alternative (Prefe@r;d*        . . . . .       111-45
               F. Taking Marine Mammals, Turtles and Seabirds                    111-47
                     1. Status Quo     . . . . . . . .           *  '            111-47
                     2. Sanctuary Alternative (Prefe@r;d       . . . . . .       111-48
               G. overflights      . . . . . . . . . . . . . . . .      *  *     111-50
                     1. Status Quo     . . . . . . . . . . . . . . . .           111-50
                     2. Sanctuary Alternative (Preferred)        . . . . .       111-51
               H. operation of "Personal water craft       . . . . . . .         111-53
                     1. Status Quo     . . . . . . . .           * * * *   '     111-53
                     2. Sanctuary Alternative (Prefe@r;d*        . . . . .       111-54


                                                iv










                   I. vessel Traffic    . . . . . . . I . . . . . . . . . .       111-57
                        1 -  Status Quo (preferred)     . . . . . . .  . . .      111-57

                        2. Sanctuary Alternative      . . . . . . . . . . .       111-61
                   J. Fishing     . . . . .  * * ' * *                            111-64
                        1. Status Quo (preferred)                                 111-64
                        2. Sanctuary Alternative      . . . . . . . . . . .       111-71

                    Section: Management Alternatives      . . . . . . . . .       111-73
                   A. Introduction    ... . . . . . . . . . . . . . . . .         111-73
                   B. Alternatives    . . . .. . . . . . . . . . . . . . .        111-73
                        1. Status Quo     . . . . . . . . . . .      , * * *      111-73
                        2. Sanctuary Management Alternative 1        . . . .      111-73
                        3. Sanctuary Management Alternative 2 (Preferred)         111-74



































                                                   V










         PART IV: ENVIRONMENTAL CONSEOUENCES OF ALTERNATIVES                      IV-1
         I. Section:      Boundary Alternatives       . . . . . . . . . . .        IV-5
               A.  Introduction    . . . . . . . . . . . . . . . . . . .           IV-5
               B.  Boundary   Alternative   1  . . . . . . . . . . . . . .         IV-5
               C.  Boundary   Alternative   2  (Preferred)   . . . . . . . .       IV-8
               D.  Boundary   Alternative   3  . . . . . . . . . . . . . .        IV-14
               E.  Boundary   Alternative   4  . . . . . . . . . . . . . .        IV-16
               F.  Boundary   Alternative   5  . . . . . . . . . . . . . .        IV-18
               G.  Boundary   Alternative   6  . . . . . . . . . . . . . .        IV-19
               H.  Boundary   Alternative   7  . . . . . . . . . . . ... .        IV-22

         II.   Section: RegMlatogy Alternatives          . . . . . . . . . .      IV-25
               A. Introduction     . . . . . . . . . . . . . . . . . . .          IV-25
               B. Oil, Gas and Mineral Activities         . . . . . . . .. .      IV-27
                     1. Status Quo      . . . . . . . . . . . . . . . . .         IV-27
                     2. Sanctuary Alternative       2 (Preferred)      . . . .    IV-31
               C. Discharges or Deposits       . . . . . . . . . . . . . .        IV-38
                     1. Status Quo      . . . . . . . .                           IV-38
                     2. Sanctuary Alternative       (Prefe@r;d)                   IV-45
               D. Historical Resources      . . . . . . . . . . . . . . .         IV-54
                     1. Status Quo      . . . . . . . .                           IV-54
                     2. Sanctuary Alternative       (Prefe@r;d)        . . . .    IV-55
               E. Alteration of or Construction on the Seabed            . . .    IV-58
                     1. Status Quo      . . . . . . . .                    *  *   IV-58
                     2. Sanctuary Alternative (Prefe@r;dj : : :          : .  .   IV-60
               F. Taking Marine Mammals, Turtles and Seabirds            . . .    IV-64'
                     1. Status Quo      . . . . . . . .           * '  * * *  '   IV-64
                     2. Sanctuary Alternative (Prefe@red)*        . . . . . .     IV-66
               G. Overflights      . . . . . . . . . . . . . . . . . . .          IV-68-
                     1. Status Quo      . . . . . . . .           * *  ' ' *  '   IV-68
                     2. Sanctuary Alternative (Prefe@r;d)*        . . . . . .     IV-69
               H. operation of "Personal Water Craft"           . . . . . . .     IV-72
                     1. Status Quo      . . . . . . . .           ' *  * * *  *   IV-72
                     2. Sanctuary Alternative       (Prefe@r;d)*  . . . . . .     IV-73
               I. Vessel Traffic .      , * * * *   * *  **  *  * * *  , * ,  *   IV-74
                     1. Status Quo (Preferred)        . . . . . . . . . . .       IV-74
                     2. Sanctuary Alternative       . . . . . . . . . . . .       IV-79
               J. Fishing     . . . . . . . . . . . . . . . . . . . . .           IV-81
                     1. Status Quo (Preferred)        . . . . . . . . ... .       IV-81
                     2. Sanctuary Alternative       . . . . . . . . . . . .       IV-82

         III. Section: Management Alternative         Consecruences    . . . .    IV-84
               A.    Consequences of Status Quo       . . . . . . . .             IV-84
                     1. Enforcement     . . . . . . . . . . . . . .               IV-84
                     2. Research and Education        . . . . . . . . . .         IV-86
               B. Consequences of Sanctuary Alternative 1         . . . . .       IV-87
                     1. Enforcement . - - - i       . . . . . . . . . . . .       IV-88
                     2. Research and Education      . . . . . . .                 IV-88
               C. Consequences of Sanctuary Alternative 2 (P@eie@r;d)             IV-88
                     1. Enforcement     . . . . . . . . . . . .. . . . . .        IV-89
                     2. Research and Education        . . . . . . . . . . .       IV-89

                                                 Vi










           IV. Section:  Unavoidable hdverse EnvirbnMental or
                         Socioeconomic Effects . . . . . . . . . . .  IV-93

           V. Section:   RelationshiR Between Short-term Uses of the
                         Environment and the Maintenance and Enhancement
                         of Long-term Productivijy . . . . . . . . .  IV-95















































                                          vii









        PART V: SANCTUARY MANAGEMENT PLAN                                          V-1
        I. Section        Introduction    . . . . . . . . . . . . . . . . .         V-3
        II.   Section: Resource Protection         . . . . . . . . . . . . .        V-8
              A.   Introduction   . . . . . .                              . . .    V-8
              B.   Goals   . . . . .                                                V-9
              C.   Sanctuary Regulations       . . . V-10
                          1. Emergencies .                                         V-12
                          2. Defense or Law Eniorc;m;n@       A'ct'[email protected]        V-12
              D.   Contingency Plans     . . . . . . . . . . . . . . . .           V-14
                          1. Existing Capabilities        . . . . . . . . .        V-14
                          2. Sanctuary Action      . . . . . . . . . . . .         V-17
              E.   Compatible Use of the Sanctuary        . . . . . . . . .        V-20
              F.   Surveillance and Enforcement      . . . . . . . . . . .         V-21
                          1. Sanctuary Action and Coordination with
                          Existing Agencies      . . . . . . . . . . . . .         V-21
                          2. Public Education and Information         . . . .      V-23
                          3. Planning and      Coordination    . . . . . . .       V-24

        III. Section: Research       . . . . . . . . . . . . . . . . . .           V-25
              A. Introduction      . . . . . . . . . . . . . . . . . . .           V-25
              B. Goals     . . . . . . . . . . . . . . . . . . . . . .             V-27
              C. Framework for Research        . . . . . . . . . . . . . .         V-28
                    1. Baseline Studies        . . . . . . . . . . . . . .         V-29
                    2. Monitoring      . . . . . . . . . . . . . . . . .           V-32
                    3. Predictive Studies                                  * *     V-35
              D. Selection and Management WR;s;a@ch*           Pr@j;ct*s*  . .     V-37'
                    1. Preparing an Annual Plan         . . . . . . . . . .        V-37
                    2. Monitoring Progress       . . . . . . . . . . . . .         V-38
                    3. Information Exchange        . . . . . . . . . . .           V-38

        IV. Section       Education    . . . . . . . . . . . . . . . . .           V-39
              A. Introduction      . . . . . . . . . . . . . . . . . . .           V-39
              B. Goals      . . . . . . . . . . . . . . . . . . . . . .            V-39
              C. Educational Opportunities         . . . . . . . . . . . .         V-40
                    D. Educational Programs        . . . . . . . . . . . .         V-42
                    1. Site Visitor Programs       . . . . . . . . . . . .         V-42
                    2. Information Center Programs        . . . . . . . . .        V-43
                    3. outreach Programs       . . . . . . . . . . . . . .         V-46

        V. Section:       Administration    . . . . . . . . . . . . . . .          V-48
              A. Introduction                                                      V-48
                    1. Sanctuaries nd Re rv                         : : :  :
                                       ;       ;e es Division                      V-48
                    2. Sanctuary Advisory Committee          . . . . . . . .       V-49
                    3. Federal-Agencies, -       -    . . . . . . . . . . .        V-50
                    4. State, regional and       lo@al  agencies    . . . .  *     V-51
              B.   Resource Protection      . . . . . . . . . . . . . . .          V-53
              C.   Research   . . . . . . . . . . . . . . . . . . . . .            V-56
              D.   Education     . . . . . . . . . . . . . . . . . . . .           V-57
              E.   General Administration      . . . . . . . . . . . . . .         V-58
              F.   Staffing Levels                                                 V-61
              G.   Headquarters and @i;itio@ &n*tWF@c1litie;                       V-61

                                               viii











             PART- VI:    LIST OF PREPARERS AND ACMOWLEDGMENTS                   VI-1

             PART VII:    LIST OF AGENCIES, ORGANIZATIONS, AND PERSONS
                         RECEIVING COPIES                                       VII-1

             PART VIII: REFERENCES                                             VIII-1


             PART IX: APPENDICES

             A.   Federal Advisory Committee Act    ..........................   A-1

             B.   Designation Document and Proposed Regulations     ...........  B-1

             C.   Existing State and Federal Authorities Relevant to
                  Monterey Bay   ............................................    C-1

             D.   Discharges in the Monterey Bay Area     .....................  D-1

             E.   Abbreviations   ...........................................    E-1






































                                                 ix













                                         LIST OF FIGURES

         F*                                   Title                               Pacre -

           1   National Marine Sanctuary Program        .......................     1-5
           2   Study Area used for DEIS/MP      .............................       1-9
           3   Study Area used for FEIS/MP and Regional Context          .....    1-9/11-5
           4   Monterey Bay Area Sediment Types        ........................     11-9
           5   Generalized Schematic of Major Ocean Currents in the
               Monterey Bay --.rea .........   -ooo.o-     ........         ......  11-16
           6   Sea Surface Temperatures and Upwelling Zones in the
               Monterey Bay Area   .......  o... o-    ... o............            11-18
           7   Riverine Input to the Monterey Bay Area....                          11-22
           8   Habitat Types within the Monterey Bay
                                                              Area..              ... 11-28
           9   Major Fishery Spawning Areas., ... oo       .... oo-o  ...... -oo    11-42
          10   Significant Seabird Populations in the Monterey Bay Area             11-46
          11   Significant Pinniped Haulout Areas and Areas of Offshore
               Concentration... .... o-ooo   ... o ......  oo ....  oo ...... oo-o ... oII-49
          12   Significant Cetacean Areas of Offshore Concentration.....II-53
          13   California Sea Otter Rate of Range Expansion and
               Distribution.....    ..... oo ....o...                    ... -.-11-55
          14   Trawl Fishery-     ... -oo  ........ -   .......         .......   o... 11-73
          15   Line, Trap, Lampara and Gillnet Fisheries....         .....  -oo   ... 11-73
          16   Potential Oil and Gas Development in the Vicinity of the
               Monterey Bay Area........ .... -o-o--oooo           ....  oo.-o-II-76
          17   Vessel Traffic in the Vicinity of the Monterey Bay Area..II-79
          18   Santa Cruz Harbor     ..... oooo-o-o-o-o           .......-   .... ooII-81
          19   Moss Landing Harbor...     ..... o.....  -  ..... --ooo   ......   o-II-81
          20   Monterey Harbor. .... oo-o-o.o.-         ...                   --11-81
          21   Ocean Discharge Sites and Dump
          22   Total Wastewater, Discharged into Areas Adjacent to the
               Study Area, By Source, Circa 1984... ...
          23   Pesticide Use Adjacent to the Sanctuary Study Area.... ... 11-88
          24   military Training Areas in the Vicinity of the Monterey
               Bay Area..... ... o.oo._    .... _oo    .... oo  ..... oooo- .... oo.oII-93
          25   Research and Education Facilities in the Mont. Bay Area..II-94
          26   Land Use Adjacent to the Sanctuary Study Area...          ... o..o.-II-94
          27   Coastal County Population Change 1960-2010         ........  o-o-II-99
          28   Boundary   Alternative    #1.oooo .... oo-o-o-oo   .... o ... oo .... 111-7
          29   Boundary   Alternative    #2, Preferred.... o  ......
          30   Boundary   Alternative    #3---oo-oo-o       ... ooo-oo-o-o-III-9
          31   Boundary   Alternative    #4 ......... oo ...... o ..............  oIII-10
          32   Boundary   Alternative    #5-oo--oo      ...o...  --ooo   ........   III-11
          33   Boundary   Alternative    #6 .....                                 ooIII-12
          34   Boundary   Alternative    Vo ...                          o-.o::ooIII-13
          35   Proposed   Zones Prohibiting Overflights Less Than 10001-111-52
          36   Proposed   Zones For operation of Thrill Craft... oo         ..... -111-55
          37   30 Day Probability of an Oil Spill Contact with the Sea
               Otter Range, Seasonal Averageo        .....
          38   Recent State Restrictions on Commercial Fishing           .......  -111-66



                                                  X













                                               LIST OF TABLES

               Tables                              Title

                 1   Long-Term Average Freshwater Discharges into Study Region
                     Waters  ..................................................          11-22
                 2   Fish Kills by County: 1ï¿½85-1989        .........................    11-27
                 3   Representative Algae Associated with the Diverse
                     Habitats of the Monterey Bay Area       .......................     11-39
                 4   Representative Invertebrates Associated with the Diverse
                     Habitats of the Monterey Bay Area       .......................     11-40
                 5   Representative Fishes Associated with the Diverse
                     Habitats of the Monterey Bay Area       .......................     11-43
                 6   Representative Seabirds and their Seasonal Status in
                     the Monterey Bay Area     ..............................       __II-46
                 7   Marine Mammals Found in the Monterey Bay Area...........II-49
                 8   Units of the California State Park System and Special
                     Areas Managed by CDF&G in the Monterey Bay study.area...II-61
                 9   Restrictions on the Recreational Taking of invertebrates
                     in Tide Pools or other Areas Between the High Tide Mark.II-61
                10   Summary of Poundage and Value (over $20,000 only) of
                     Fisheries Data for the Ports of Santa Cruz, Moss Landing,
                     Monterey-Salinas (1987) and Princeton (1989)           ............ 11-72
                11   Trips of Drafts of Vessel Taffic in through San
                     Francisco Bay Entrance, COE, 1988       .....................      o.II-79
                12   Land Use by County and Watershed adjacent to
                     Monterey Bay Study area.... .... ooo-oo          .....            ... 11-98
                13   Major Species of Fish Caught from Private or Rental,
                     Boats, Beaches, Piers and Jetties....... ... oo__             ....  oII-104
                14   Fish Caught by Commercial Party Boat Fleet for the
                     Ports of   Santa Cruz,    Monterey and Moss Landing.......        ... 11-104
                15   Boundary   Alternative    1, Summary of.Resources and Uses..III-7
                16   Boundary   Alternative    2, Summary of Resources and Uses..III-8
                17   Boundary   Alternative    3 Summary of Resources and Uses...III-9
                18   Boundary   Alternative    4, Summary of Resources and Uses..III-10
                19   Boundary   Alternative    5, Summary of Resources and Uses .111-11
                20   Boundary   Alternative    6, Summary of Resources and Uses 111-12
                21   Boundary   Alternative    7, Summary of Resources and Uses..III-13.
                22   Potential Impacts of      Sanctuary Regulations and Status
                     Quo on Resources and      Uses....... ... o  ...o.........  ......III-14a
                23   Catch Restrictions for Species of Commercial
                     Fisheries in the Monterey Bay Area.,           ...... _.oo.oo ... 111-66
                24   Environmental Consequences of Boundary Alternativeso.o..IV-5
                25   Environmental Consequences of Regulations by Boundary
                     Alternative. ... 0 '0*-*o-      ... o o o o-o.,                     IV-25
                26   Summary of Threats to Sanctuary Resour@;;*f'@0'M*o;1:i'***o'
                     and Gas Activitieso_o.oo.o.oooo ... o        .....  oo.-oo.- ... ooIV-29
                27   Potential Oil and Gas Impacts Mitigated by NOAA's
                     Preferred Alternativeooo ... o.oooo-o-oo-o       ..... o......   o..oIV-31




                                                       xi



    pKF-C. s A-" A R)e












                                                            Executive Summary

















                                                      I


  0










   *I

                                              I-1












                                     TABLE OF CONTENTS                           PAGE


        I. Introduction      . . . . . . . . . . . . . .. . . . . . . . .          1-3

        II. Authority for Designation         . . . . . . . . . . . . . . .        1-4

        III. Goals of the National Marine Sanctuary Program            . . . .     1-5

        IV. Status of the National Marine Sanctuary Program            . . . .     1-5

        V. History of the Proposed Monterey Bay National Marine
              Sanctuary    . . . . . . . . . . . . . . . . . . . . . . .           1-7

        VI.   Purpose and Need for-Designation      . . . . . . . . . . .         I-10
              A. Natural Resources       . . . . . . . . . . . . . . . .          I-10
              B. Present and Potential Uses       . . . .   * -    - - - - -      1-13
              C. Adequacy of Existing Authorities to Man;ge         the  Area     1-16
              D. Benefits Derived From Sanctuary Status         . . . . . .       1-19

        VII. socioeconomic Effects of Designation           . . . . . . . .       1-23
              A.   Fishing   . . . . . . . . . . . . . . . . . . . . .            1-24
              B.   Oil and Gas    . . . . . . . . . . . . . . . . . . .           1-25
              C.   Discharge and Deposits     . . . . . . . . . . . . . .         1-25
              D.   Thrill Craft   . . . . . . . . . . . . . . . . . . .           1-27
              E.   overflights    . . . . . . ... . . . . . . . . . . .           1-28
              F.   Vessel Traffic   . . .  *  * *        . . . . . . . . .        1-28'.
              G.   Alteration of or Constructi@n-on-     the Seabed    . . .      1-29

        VIII. Manageability of the Area         . . . . . . . . . . . . .         1-30

        IX.   Consultations     . . . . . . . . . . . .     * , ,  * * * ,  *     1-32
              A.   National Environmental Policy Act (NEPA)        . . . . .      1-32
              B.   Endangered Species Act (ESA)      . . . . . . . . . . .        1-32
              C.   Resource Assessment      . . . . . . . . . . . . . . .         1-33
              D.   Federal Consistency Determination        . . . . . . . .       1-34
              E.   Fishery Regulations      . . . . . . . . . . . . . . .         1-34
              F.   other Federal and State Agencies and the        U.S.
                     Congress   . . . . . . . . .    . . . . . . . . . . .        1-35











                                              1-2












             PART I: EXECUTIVE SUMMARY

             I. Introduction

                  In accordance with Title III of the Marine Protection,
             Research, and Sanctuaries Act, as amended, 16 U.S.C. ï¿½ï¿½ 1431 et
             g&q., this Final Environmental Impact Statement and Management Plan
             proposes the establishment of a National Marine Sanctuary centered
             on Monterey Bay to facilitate the long-term management, protection
             understanding and awareness of its resources and qualities.
                  This Part of the report (Part I, The Executive Summary)
             reviews the authority for Sanctuary designation, the goals and
             status of the National Marine Sanctuary Program, the development of

             this proposal, the purpose and need for designating a National

             Marine Sanctuary at Monterey Bay, the socioeconomic consequences of

             designation and manageability of the area and con sultations

             conducted during the designation process.

                  Part II describes the entire study area examined for

             determining a final preferred boundary alternative, including human

             uses, natural resources, and the existing resource protection

             regime. The area recommended for the proposed Sanctuary, about

             2,539 square nautical miles, provides the habitat and setting for a.

             distinctive assortment of living and non-living marine resources'.

                  Alternatives in developing the proposal to designate a
             National Marine Sanctuary at Monterey Bay were considered in terms
             of achieving optimum protection for the ecosystem, improving
             scientific knowledge of the area, promoting public understanding of
             the value of Bay area resources, minimizing overlap with existing


                                             1-3









        jurisdictions and minimizing any negative impacts to.the area's
        income generating activities (Part III). Based on these criteria,
        Sanctuary designation was preferred to the alternative of no
        action, and preferred boundary, management, and regulatory
        alternatives were selected. The environmental consequences of each

        of these alternatives are described in Part IV.

             The plan for managing the proposed Sanctuary is provided in
        Part V. This plan contains guidelines and goals to ensure that all

        management actions undertaken in the first five years after
        designation are directed to resolving important issues as a means

        of meeting Sanctuary objectives. Management act@ons are considered

        in four program categories: (1) resource protection, (2) research,

        (3) education and, (4) administration.



        II. Authority for Designation

             Title III of the Marine Protection, Research, and Sanctuaries

        Act of 1972, as amended, 16 U.S.C. ï¿½ï¿½ 1431 et ï¿½Ag-, (MPRSA)

        authorizes the Secretary of Commerce to designate discrete areas of

        the marine environment of special national significance as National

        marine Sanctuaries to ensure comprehensive management and

        protection of their conservation, recreational, ecological,

        historical, research, educational, or aesthetic resources and

        qualities. Selection-of a site as an Active Candidate for
        designation as a National Marine Sanctuary formally begins the
        National Environmental Policy Act (NEPA) environmental impact
        analysis process. The U.S. Congress directed the National oceanic


                                        1-4









             and Atmospheric Administration (NOAA) (P.L. 100-627, section 205)
             to designate Monterey Bay as a National Marine Sanctuary by
             December 31, 1989.   This directive by Congress automatically
             advances Monterey Bay to Active Candidate status. NOAA manages the

             program through the Sanctuaries and Reserves Division (SRD) in the
             office of Ocean and Coastal Resource Management.


             III. Goals of the National Marine Sanctuary Program

                  Consistent with the mission of developing a system of National

             Marine Sanctuaries for the purpose of serving the long-term benefit

             of the public, the following goals were established for the

             Program:

                  1.   Enhance resource protection, through comprehensive and
                       coordinated conservation and management tailored to the
                       specific resources, that complements existing regulatory
                       authorities;

                  2.   Support, promote and coordinate scientific research on,
                  -    and monitoring of, the site-specific marine resources to
                       improve management decision-making in National Marine
                       Sanctuaries;

                  3.   Enhance public awareness, understanding, and wise use of
                       the marine environment through public interpretive and
                       recreational programs; and

                  4.   Facilitate, to the extent compatible with the primary
                       objective of resource protection, multiple use of these
                       marine areas not prohibited pursuant to other
                       authorities.

             IV. Status of the National Marine Sanctuary Progra

                  Nine National Marine sanctuaries have been established since

             the Program Is inception in 1972 (Figure 1)
                  The Monitor National Marine Sanctuary serves to protect the
                  wreck of the Civil War ironclad, U.S.S. MONITOR. It was
                  designated in January 1975 and is an area one mile in
                  diameter, 16 miles southeast of Cape Hatteras, North Carolina.

                                             1-5





                               The National Marine Sanctuary
                                                       Program

                                orthern Puget Sound
              0 1 tmo a Sict A

                                                                                       A Thunder
                                                                                          Bay                  A

    Cordell Bank 0

        Gulf of the
        Farallones                                                                                      A Nor
      Monterey Bay A
      Channel Islands 0                                                                                      MO


                                                                                                     Gray's Re(

     Kahoolawe.                 A Proposed
          Hawaii                                                      AL Flower Garden
                                   Designated                             Banks
                                                                                                     Florida Ke@
                                                                                                     - Key Lar@
        Fagatele Bay,                                                                                - Looe Ke
        American Samoa











                 The Key Largo National Marine Sanctuary, designated in
                 December 1975, provides protection and management of a loo
                 square mile coral reef area south of Miami, Florida.

                 The Channel Islands National Marine Sanctuary, designated in
                 September 1980, consists of an area of approximately 1,252
                 square nautical miles off the coast of California adjacent to
                 the northern Channel Islands and Santa Barbara Island. The
                 sanctuary ensures that valuable habitats for marine mammals,
                 including extensive pinniped assemblages and seabirds, are
                 protected.

                 The Looe Key National Marine Sanctuary, designated in January
                 1981, consists of a submerged section of the Florida reef
                 southwest of Big Pine Key. The site, five square nautical
                 miles in size, includes a beautiful "spur and groove" coral
                 formation supporting a diverse marine community and a wide
                 variety of human uses.

                 The Gray's Reef National Marine Sanctuary,'designated in
                 January 1981, is a submerged live bottom area located on the
                 South Atlantic continental shelf due east of Sapelo Island,
                 Georgia. The sanctuary, which encompasses about 17 square
                 nautical miles protects a highly productive and unusual
                 habitat for a wide variety of species including corals,
                 tropical fish, and sea turtles.

                 The Gulf of the Farallones National Marine Sanctuary,
                 designated in January 1981, is a 948 square nautical mile area
                 off the California coast north of San Francisco. It provides
                 a habitat for a diverse array of marine mammals and birds as
                 well as pelagic fish, plants, and benthic biota.
                 The Fagatele Bay National Marine Sanctuary in American Samoa
                 was designated in August 1986. The 163-acre bay contains
                 deepwater coral terrace formations that are unique to the high
                 islands of the tropical Pacific. It serves as habitat for "a
                 diverse array of marine flora and fauna included the
                 endangered hawksbill turtle and the threatened green sea
                 turtle.
                 The Cordell Bank National marine Sanctuary, designated in May,
                 1989, is a 397 square nautical mile area off the central'
                 California coast-and contiguous with the northern boundary of
                 the Gulf of the 'Farallones National Marine Sanctuary.
                 Cordell Bank and its surrounding waters, because of a rare
                 combination of oceanic conditions and undersea topography,
                 provide a highly productive marine environment for a rich
                 variety of benthic organisms as well as fish, marine mammals
                 and seabirds in a discrete well defined area.


                                             1-6










             The Florida Keys National Marine Sanctuary w.as designated by
             the U.S. Congress, by the Florida Keys Protection Act (H.R.
             5909), October 24, 1990. The Act specifies an 2,600 square
             nautical mile area of coasta'1 waters off the Florida Keys to
             be encompassed by the boundaries of the Sanctuary. The
             purpose of this Act is to protect the Florida coral reef area,
             one of the most diverse ecosystems in the world, specifically
             from activities such as vessel groundings and pollution. This
             Act prohibits oil and gas activities within the Sanctuary and
             requires the Secretary of Commerce to develop a comprehensive
             management plan and implementinmg regulations not later than
             30 months after the date of enactment of this Act. Upon
             implementation of this Management Plan Key Largo and Looe Key
             Sanctuaries would be incorporated into the Florida Keys
             Sanctuary.


             In addition, the Sanctuaries and Reserves Division is in the
        p.rocess of studying, or preparing draft or final designation
        documents for, eight additional proposed Sanctuaries around the
        coast of the United States. These proposed Sanctuaries are in
        North Puget Sound and Olympic Coast, Washington; Santa Monica Bay,

        California; Stellwagen Bank, Massachusetts; Norfolk Canyon,
        Virginia;. Flower Garden Banks, Texas; Kaboolave Islands, Hawaii;
        and Thunder Bay, Michigan (Piqure 1).


        V. History of the PrOROsed Monterey Bay National Marine Sanctu M
             The State of California nominated the Monterey Bay area in
        1977, along with nine other marine areas offshore for consideration
        as National Marine Sanctuaries. In response to these nominations,
        NOAA selected three sites for further consideration: Channel
        Islands, Point Reyes-Farallon Islands, and the Monterey Bay area.
        In December 1978, NOAA released an Issue Paper on these three
        sites, presenting several boundary and regulatory options for each
        proposal. public hearings on the Issue Paper were held and, based

                                         1-7










            on the responses, NOAA declared all three sites as Active

            Candidates on August 10, 1979.

                 This process led to the designation of the Channel Islands

            National Marine Sanctuary on September 21, 1980 and the Point

            Reyes-Farallon Islands National Marine Sanctuary (later renamed the

            Gulf of the Farallones National Marine Sanctuary) on January 16,
            1981. In 1980, NOAA determined that work on the proposed Monterey
            Bay Sanctuary would be delayed due to the complex analyses and

            corresponding staff time required for the other two California

            sites.

                 On December 14, 1983 NOAA announced in the Federal Register

            (48 FR 56253) that it had removed Monterey Bay from the list of

            active candidates for three reasons: (1) the existence of two

            other National Marine sanctuaries in California (Channel Islands

            and Gulf of the Farallones) that protect similar marine resources

            and the Program's policy, established in 1980, to consider a

            diverse array of sites and resources; (2) the proposed area's

            relatively large size and the surveillance and enforcement burdens

            this would impose on NOAA; and (3) the wealth of existing marine

            conservation programs already in place in the Sanctuary area*

                 In 1988, when Congress reauthorized and amended Title III of

            the MPRSA, it specified in Section 205 of P.L. 100-627 that NOAA
            designate Monterey Bay as a National Marine Sanctuary by December
            31, 1989. This statutory requirement reinstated Monterey Bay as an

            Active Candidate for Sanctuary status.
                 NOAA held two scoping meetings in the Monterey Bay area during


                                             1-8









        January, 1989, to solicit public comments on the proposed
        Sanctuary. Notice of the scoping meetings was published in the
        following four newspapers: the Monterey Peninsula Herald, Salinas
        Californian, Watsonville Register-Palaronian and Santa Cruz
        Sentinel.. The first meeting was held on January 25, 1989 from 6:30
        to 10:00 pm in the Monterey Conference Center, City of Monterey,
        Monterey County, and the second scoping meeting was held on January

        26, 1989 from 6:30 to 10:00 pm in the Chambers of the Santa Cruz

        County Board of Supervisors, in Santa Cruz City, Santa Cruz County.
        All interested persons were invited to attend. Those attending the
        meeting were asked to comment on readily identifiable issues, to
        suggest additional issues for examination, and to provide

        information useful in evaluating the site's potential as a

        Sanctuary. A f igure of a study area was presented as an example of

        the area under consideration for ultimate designation as National

        Marine Sanctuary (Figure 2). The response was overwhelmingly
        favorable to proceeding with the evaluation.

             Oral and written comment during the scoping period requested

        that the study area be expanded to include a northern area

        contiguous with the Gulf of the Farallones National Marine

        Sanctuary and a southern area to include the California Sea Otter

        Refuge as designated by the California Department of Fish and Game.

        In response to the public request for an expanded study area the
        DEIS/MP included a boundary alternative (#5) that encompassed the

        area of concern (Figure 3).
             NOAA published proposed regulations including a proposed


                                         1-9








                                      1230                                                   122"                                                   1210
                  380                        %                               7-                                                                      A           380
                                V          Point
                                           ReYes                                                                                LEGEND


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                                 I                                                  rid
                                 Mill      G"Yof         Point-Lobos  San Francisco
                                                 dw
                                           Farahm                                                                                  state watm



                                                                     Point San Pedm


                                                                     Pilar Point




                                                                            San Gregodo

                                                                       I           Pescadero Creek
                                                                      0400 pesce&VO Point
                                                                             Ageon Point
                                                                                Pt. Ano Nuevo Son        MW
                                                                                                         Soque'
                                                                                            port         Creek
                                                                                                                                     on Muftm Mks
                                                                                           Uft    - (                    - a 8                        -
                                                                                            =     -V--                                                             370
                   37*                                                                      Crw

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                                                                                                                    ElMorn Scuo

                                                                                                             Moss Lending



                                                                                                                       swinas RKW
                                                                                                         MmWey
                                                                                                       Carrnd                                   AM
                                                                                                       Point                                    tNLAA%JCU
                                                                                                       Lobals     C&Mw MW






                                                                                                                   Sur aw


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                     360


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                                           1230                                                   1220                                                   121*
                             Figure 2. su* Area for Draft EWMP.






                  MOWEREY BAY SANCTUARY                                                           S, ADJ  A'CENT COUNTIES, AND HYDROLOGI =UNrrS



                                                                       18050005
          NORTHERN AREA
       900 squa;Q Nautical miles
                                                      Francisco


                                                        Mateo





                                                                      . ....... ..

                                                ...........






                                                                                                             18060002

                                                                                                                  10060011


                                                                                                                         180600111


        ICENTR AREA
       2500 Squars Neubcal MW

                                                                                    ...........                                         18060005










                                                                                                                      ... .........
                                           SOUTHERN
                                       700 Sware Neu       -t Affiff
                                                                                                                                                           18060006


                                                                                                                                ...... .....


                                 Square mileages are approximate.
                            Numerical values indicate hydrobgic units.

                                                                                                               . . . . . . . . . .
       Map data prepared by the Strateoc EnWownental Assessrowt
                  Office. of Ocean Resources Conswwtion and Assessawit,
                          Nadonal Ocean Service, RockW#o, U47WW.

                                                                    BOUNDPAY ALTERNATIVES










              Alternative 1          AlWnatlve 2             Alternabve 3            Aftemabve 4            AlUmadve 5             AlternaDve 8          Altematilos 7








            Designation Document and an announcement of public hearings (55 FR
            31786) and a DEIS/MP for the proposed designation of Monterey Bay
            as a National Marine Sanctuary on August 3, 1990.
                 The public hearings were held on September 12, 1990, at
            Monterey City Hall, Monterey; on September 13, 1990, at veterans
            Hall Auditorium, Santa Cruz; and on September 14, at the Community
            Seniors Center, Half Moon Bay. All interested persons were invited

            to attend.

                 Copies of the DEIS/MP were mailed to all those commenting

            during the Scoping period and were made available for review at:

            Half Moon Bay City Hall and Half Moon Bay Library, Half Moon Bay,

            California; Harrison Memorial Library, Carmel; Castroville Branch

            of the Monterey County Library, Castroville; Aptos Library, Aptos;

            Santa Cruz City Library, and the California Coastal commission

            offices, Santa Cruz; Association of Monterey Bay Area Governments,

            Monterey; and the Elkhorn Slough National Estuarine Research

            Reserve, Watsonville.

                 The public comment period closed October 3, 1990. A summary
            of public comments, both oral and written, received during the-
            comment period, and NOAA's  .response to comments, is provided in

            Volume II of this FEIS/MP.



            vi. Purpose and Need for Designation

                 A. Natural Resources
                 The proposed Monterey  Bay National Marine Sanctuary meets all
            of the site identification  criteria developed by the Sanctuaries


                                             I-10







              TABLE XX- ENVIRONMENTAL CONSEQUENCES OF BOUNDARY ALTERNATIVES

              (A) PERCENT RESOURCES ENCOMPASSED

              RESOURCE CATEGORY                                          BOUNDARY ALTERNATIVES
               % Distribution                                2             3               4                5             6                7                  UNIT
                                                     jij.,
              Protected Areas
                                                                                                                                                   All Sites
                                                             . .........

              Invertebrates
                                                                                                                                           . .. .... High Conc'n Areas
              Rockfish
                                             10              50
                                                                                                   MENEEMEN               50             20 _Spawning Habitat
              Squid                          40              40            so                                             30             40        Spawning Habiat
              Seabirds                       20              40
                                                                                                                          30             20        Hiah    Conc'n Areas
              Fissipeds                      6 0@:                                             ......
                                                     p:
                                                                                                                                           0       J# of   Individuals
                                                                                                                                         6.
              Pinnipeds                      20              40
                                                                                                                          40             20        High    Conc'n Areas

                                                                                          .. .....                        so             30        High    Conc'n Areas
              Cetaceans                      20              6 0-                    .......

              Canyon Habitat                 10
                                                                                                                                                           mutical miles
              Kelp Habitat                   so              so                           50                              so             so        Sq.     na tical miles
                                                                                                      "M                                           So.     nau
              Wetland Habitat                                                                      RE NEE                                                     fical miles
                                                                                                     VNEEME
              Histofical                     40      1       40     1      40                                             40             40        Shipwrecks

              (8) PERCENT USES ENCOMPASED


              USE CATEGORY                                               BOUNDARY ALTERNATIVES
               %   Distribution              1               2                             4                S             6                7                  UNIT

              Comm. Fishing
                                                                                                                                                   Total Fish Value

              Military                       0
                                                                                                                                         10        Sqnmi. Train'g Areas

              Vessel Traffic        1        30      1       40
                                                                                                                          40       1     40        1# Vessels/ Year

                                                                                                                                                   #Adj. Ocean Areas
              Recreation
                                                                                                     N                                             Squa
              Urban. Land Use                                                                                                                              9 Miles

              OCS Oil                                        30            30                                             20             20        Million Barrels

              OCS Gas                                        30            30
                                                                                                                          0              20        Billion Cubic Feet

              Discharges (PS)                so              so            so                                             so             so        BGY Wwamr in Ocean

                                                                                                                                                   BGy W\Water
              Discharges (NPS                71:

                                                                                                                                                       ot F
                                                                                    Ail
              Resh/Fdn                                                                              \ANNOWN va@                                              acilities

                                                                     Legend                           90-100%
                                                                                                         80%
                                                                                                         70%
                                                                                                         W%
                                                                                                       0-50%
                                             22
                                                                                                                   :7777=






























                                                                                                            S















                                             20




                                                                        mew




                                                                                                                              "7@-j t
              Alternative 1          Alternative 2           Alternative 3          Altemafive 4            Altemat" 5            Altemalive 6             Alternative 7










            and Reserves Division (NOAA, 1983). Located within a broad
            transition zone between the Oregonian province to the north and the
            Californian province to the south, the Bay is influenced by
            relatively cool and fresh waters of the California Current, a
            classic eastern boundary current that is part of the large-scale
            North Pacific Gyre. The bathymetry, currents and ocean thermal

            structure in the area around Monterey Bay provide favorable

            conditions for strong upwelling of nutrient-rich water, which is

            often found in the Bay.

                 Consequently, the nearshore waters and diversity of habitats

            are highly productive and support exceptionally rich and abundant

            floral and faunal communities that are very important in 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 system provides
            habitat for pelagic communities and, along with other.distinct
            bathymetric features? may modify currents and act to enrich local
            water through strong seasonal upwelling. 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 geologic feature, as it is one
        of the few large bays along the Pacific coast. Its exposure to the
        open ocean and upwelling sources, combined with the Bay's current
        patterns and geometry, greatly enhance biological productivity.
        This lends additional importance to the area as a resting and
        staging area for migrating birds, and a habitat for an abundant and
        highly diverse community of marine organisms.

            The area also supports one of the greatest diversities of
        marine mammals in the world. Among these are several endangered
        species, including the California gray whale (Eschrichtius
        robustus), finback whale (Balaenoptera Physalus), humpback whale
        (Megaptera novaeangliae), sperm whale (Physete catodon), and the

        threatened California sea otter (Enhydra lutris).

            All species of pinnipeds commonly found off the central and

        northern California coast are found in the Monterey Bay area. Afio

        Nuevo State Reserve and has been cited as the most important

        pinniped rookery and resting area in central and northern

        California.

            The proposed Sanctuary area also encompasses approximately

        one-third of the entire Southern sea otter range in California.

        However, the majority of otters (females and pups) are found south

        of the Monterey Peninsula. The official northern limit to their

        distribution is at Pigeon Point.

            Monterey Bay plays a major role for avifauna as a staging
        habitat during migrations, and as wintering and summer habitat.
        Bird species diversity is very high. Birds.are attracted to the


                                        1-12








            area due to the nutrient rich waters and resulting food resources,
            the protected bay environment, and location along the Pacific
            flyway. Breeding populations are generally small and scattered.
            The entire world population of the Ashy Storm-Petrel (Oceanodroma
            homochroa) (5000-10,000) can be found feeding in the area
            immediately above the Monterey canyon from August to November.

                 The quality and abundance of natural resources has attracted

            people from the earliest prehistoric times to the present and as a

            result the area contains significant archeological and

            paleontological resources. Numerous shipwrecks are located along

            the central coast of California with significant, valuable

            historical artifacts.

                 The wide variety and abundance of these natural resources are

            of outstanding val ue to the local, state, regional, national and

            international community. While Monterey Bay has thus far enjoyed

            the reputation as an internationally renowned scenic area with good

            water quality, such success can not realistically he expected in

            the'future without deliberate protection.



                 B.  Present and Potential Uses

                 The diverse resources of the Monterey Bay area are enjoyed by

            the residents of this area as well as the numerous visitors. The

            population of Monterey and Santa Cruz counties was 544,000 in 1985
            and is projected to increase to 755,000 by 2005. The projected
            growth is based in large part on the attractiveness of the area's

            natural beauty.


                                             1-13










            The area also supports several economic activities. The most
       important activity directly dependent on the resources is
       commercial fishing, which played an important role in the history
       of Monterey Bay and continues to be a very important activity vital
       to the region's economy.

            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.

            A unique feature of the Monterey Bay area is the combination

       of biological and physical characteristics in the area that provide

       outstanding opportunities for scientific research on many aspects

       of marine ecosystems. The diverse habitats are readily accessible

       to researchers. Thirteen research facilities are found in the

       entire study area. 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. The

       Sanctuaries and Reserves Division is already responsible for the

       management of the Elkhorn Slough National Estuarine Research
       Reserve in cooperation with the State of California, Department of
       Fish and Game. The proposed Monterey Bay Sanctuary designation
       would provide a uniqu e opportunity for the establishment of
       coordinated coastal zone management and research effort through the
       integration of the facilities and resources and programs of the
       Reserve and the Sanctuary. This type of program, emphasizing land-


                                        1-14








             sea interactions, could then serve as an innovative model for other
             coastal areas of the United States where local land issues and
             coastal zone problems have traditionally been separated from
             offshore, marine issues in terms of jurisdiction and research

             effort.

                  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
             central California Planning area of the OCS may be considered in

             the future. Development in the nerthern Bay area was eensidered
             with prepesed Lease Sale 0119, althe?agh this Lease Sale has n

             been eaneelled. STRINEGUT OR NOT

                  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 is

             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.

                  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, Princeton or Monterey.

             Although this traffic is not yet a major concern, contingency plans
             designed to react to oil spills resulting from tanker accidents are


                                             1-15









        being formulated and can be coordinated with Sanctuary designation.
            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.



            C. Adequacy of Existing Authorities to Manage the Area

            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. State programs such as Areas of Special

        Biological Significance, provide geographically discrete protection'

        for sensitive habitats and species along much of the mainland

        coast. In reality, of course, marine mammals, seabirds, and other

        marine flora and fauna depend on habitats and foraging areas far

        more extensive then those covered by existing protective

        regulations.

             Such critical marine areas as the waters around Afno 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


                                        1-16








            being limited, the coordination of resource protection and
            management programs is essential. The Monterey Bay Sanctuary could
            provide an important role in such coordination.
                 Maintaining the status quo and not designating a Marine
            Sanctuary in and around Monterey Bay will preserve the existing
            level of management and protection and forego the opportunity for
            positive management of this rich marine area. In the absence of a

            Sanctuary, there will be less ecosystem research, no new education
            or public awareness programs directed at users, and no
            institutional mechanism for long-term planning and coordination of
            agency activities in this particulatly valuable geographic area.
                 Currently, no institution addresses the range of significant

            questions concerning the interaction of resources and uses in the

            area. While a variety of organizations conduct research, there is

            no systematic coordination to ensure that information needs are

            addressed in a timely and adequate manner. Even if information

            becomes available through research projects, no institution is

            charged with applying that information to practical nanagement

            issues, such as modification of regulations. similarly, no agency

            attempts to monitor the health, stability and changing conditions

            of this valuable marine ecosystem. Resource assessment through

            gathering baseline data and continued monitoring of environmental

            conditions is essential in order to assess the adequacy of the

            protection afforded these important resources. The status quo

            alternative would leave the protection of this area to the chance

            coordination of the regulatory efforts of a number of agencies and


                                            1-17






                       Table . ENVIRONMENTAL CONSEQUENCES OF REGULATIONS
                                                      BY SANCTUARY BOUNDARY

                       (A) Predicted Cumulative Impact to Selected Resources Under Status Quo

                           Resource                          Boundary Alternatives
                           Category                   2        3        4         5        6    --- 7-7 U N rr
                       Protected Areas     7--0               0        [:1       L--j     0         0 1All- Sites
                                                                                                    1:1 iHiqh
                       Invertebrates                                   @1        E@@      [::]                 Conc'n Areas
                       Rockfish                                        ED        E]                       Spawning Habitat
                       Squid                                                                        El    Spawning Habitat
                       Seabirds                                                                           High Con 'n Areas
                       Fissipeds                     [:1      0        1:1                                # of Individuals
                       Pinnipeds                     [::]     [::]                                        High Conc'n Areas
                       Celaceans                              ED       1--]      1:1                      High Conc'n Areas
                       Canyon Habitat                                                                     Sq. Naulical Miles
                       Kelp Habitat                                                                       Sq. Nautical Miles.
                       Wetland Habitat                                                              E_Sq. Nauical Miles
                       Historical          0      1  0     1  01       01        0 1 0 0 # of Shi.pwrecks

                       (B) Predicted Cumulative Impact to Selected Users Under Status Quo

                                                             Boundary Alternatives
                        Use Category         1        2        3        4         5        6        7      UNIT
                       Comm. Fishing       F1        [::]     I--]     ttJ       ff2      E]        [:1   Total Fish Value
                       Military            E:1       El       [::]                        [::]      F-1   Sq. N. Mi. Tr ning Area
                       Vessel Traffic      0         0        0                           0         0     Vessels/Year
                       Recreation          0         0        0        0         0        0         0     4 Ocean Adiacent Areas
                       Urban Land Use      0         0        0                  ;EE@     0         0     Square Miles
                       ocs Oil             0         a        e        0         40-      0         0     Million Barrels
                       OCS Gas             0         9)       @Q       0         0        0         0 Billion Cubic Feet
                       Discharge (PS)                                  0         0        @@)             BGY Wastewater to Ocean
                       Discharge (NPS)     0         0        0                           0         0     BGY Wastewater
                       Research/Educ'n     0         0        0        0         0        0         0     # of Facilities



                            LEGEND         HIG-+4  MEDIUM     LOW Minimal        LOW    MEDIUM      HIGH

                                                                                                    P-
                                         Negative             REGULATORYIMPACT                  Positive









             Alternative 1     Alternative 2     Alternative 3     Alterna0ve 4      Altemative 5    Alternative 6     Alternative7







                                  Table - Continued.

                                  (C) Predicted Cumulative Impact to Selected Resources from Sanctuary Regulations

                                      RESOURCE                        BOUNDARY ALTERNATIIVES
                                      CATEGORY          1        2         3        4        5        6         7       UNrr
                                  Protected Areas                                                                     All Sites
                                  Invertabr-tes                                                                       High Conc'n keas
                                  Rockfish                                                                            Spawning Habita   t
                                  Squid                                                                               ISoawning Habitat
                                  Seabirds                                                                            1Hiqh Conc'n Areas
                                  Fissipeds                                                                             of Individuals
                                  Pinnipeds                                                                           High Conc'n Areas
                                  Cetaceans                                                                           High Conc'n Areas
                                  Canyon Habitat                                                                      S . Nautical Miles

                                  Kelp Habitat                                                                        ISq. Nautical Miles

                                  Wetland Habitat                                                                     Sq. Nautical Miles

                                  Historical                                                                            of Shipwrecks


                                  (D) Predicted Cumulative Impact to Selected Users from Sanctuary Regulations

                                                                        Boundary Alternatives
                                   Use Category         1        2         3        4        5         6        7       UNrr
                                  Comm. Fishing        0        0         0        0        0         0        0 Total Fish Value

                                  Military                                                                            Sq. N. Mi. Training Area

                                  Vessel Traffic                                                                      Vessels/Year

                                  Recreation                                                                          # Ocean Adjacent Areas

                                  Urban Land Use                                                                      Square Miles

                                  OCS Oil                                                                             Million Barrels

                                  OCS Gas                                                                             Billion Cubic Feet
                                  Discharges (PS)                                                                     BGY Wastewater to Ocean
                                  Discharges (NPS)                                          EH@ I                     BGY Wastewater
                                  Research/Educ'n                                                                        of Facilities

                                  Abbreviations     Conc'n =Concentration. Sq.    -Square,  Sq.N.Mi.   Square  Nautical Miles, PS. Point Source,
                                                     NPS     Non-Point Source, Educ'n . Education. BGY - Billion Gallons Year.










        would forego opportunities for affirmative management.

            Presently, numerous government agencies are vested with some

        regulatory authority over certain activities within the area (See

        Appendix C). The regulatory activities are not performed in the

        context of a comprehensive management plan, and no organizational

        structure exists to coordinate research and regulation. For

        example, other than the California Mussel Watch Program, there is

        no systematic environmental monitoring program nor is there a

        mechanism for applying research findings to the resolution of

        management issues. In addition, a major gap exists between the

        collection of data required under current NPDES permits and the use

        and application of these data to water quality issues.

            These existing authorities provide a considerable degree of
        protection for marine resources in general and the collection of
        ,State Parks, teaches, Reserves and Refuges do so in particular. In
        general, however, the statutes described above and the agencies
        administering them are each directed at a single purpose, region or
        activity. No entity looks to the welfare of all the living and
        non-living resources or the ecosystem of this entire marine area.-
        cumulative impacts on the resources, arising from various
        activities subject to the jurisdiction of separate agencies, may
        escape the attention of any single agency.
            Although certain.uses of the area do not now seriously
        threaten area resources or qualities, they could have more
        significant impact if and when activity intensities increase. The
        various agencies, many of which have different objectives and


                                        1-18








             jurisdictions, may not be able to respond to future activities on
             the basis of ecosystem issues. There is no existing mechanism to
             foster long-term planning, which could mitigate or eliminate
             harmful activities. Because these waters contain so many valuable
             resources, which in turn support so many beneficial uses, they
             require the special acknowledgment and study possible in a Marine
             Sanctuary to ensure that their particular resources and qualities

             are protected and managed.



                  D. Benefits Derived From Sanctuary Status

                 The preferred alternative would permit the implementation of a
             coordinated and comprehensive management scheme resulting in the

             most cost-effective protection of Monterey Bay area resources

             (Table XX). This alternative would promote resource protection in

             four ways:  (1) It would bolster the existing regulatory resource

             protection regime. (2) It would establish a coordinated research

             program to expand knowledge of the Monterey Bay area environment

             and resources and thus provide the basis for sound management. (3)

             it would include a broad-based education\interpretive program to

             improve public understanding of the Monterey Bay area's importance

             as the habitat for a unique community of marine organisms. (4) It

             would provide a comprehensive management framework to protect this

             habitat.

                 This unique, biologically diverse and relatively undeveloped
             natural setting is extraordinary, considering its proximity to the
             Monterey and San Francisco metropolitan.regions. Besides providing


                                             1-19










        an ecologically diverse haven for so many significant
        concentrations of living resources, the waters also support a
        number of socially beneficial human activities. These range from
        fishing to commercial shipping, nature observation, education,
        scientific research, national defense and law enforcement, and

        recreation. To date, such activities have been pursued at low

        intensity levels. However, these and other potential human

        activities, e.g., oil and gas development, are clearly capable of

        generating conflicts which could harm the resources of this marine

        area. Of particular concern are potential damage to species and
        habitat degradation or destruction which could irreparably damage

        resource quality over the long term.

             The proposed boundaries will integrate many important

        nearshore and oceanic marine resource zones into one management

        regime. These zones include: the entire Monterey Canyon complex,

        the adjacent continental shelf, the Bay itself and certain highly

        productive shoreline and intertidal areas, such as the marine

        communities within Pescadero Marsh, Aho Nuevo, Elkhorn Sough,
        Carmel Bay, the Big Sur Platform and coastline, Julia Pfeiffer

        Burns State Park, and the California Sea otter Refuge.
             Also, five Areas of Special Biological Significance (ASBS)
        established by the State of California would be included in this
        alternative. One of-the United States' largest marine bird
        rookeries is incorporated, as well as lesser (but in some casesp
        recolonizing) pinniped breeding populations. Many species Of
        migratory waterfowl visit seasonally by virtue of the area's


                                        1-20







              position on the Pacific Flyway. Also, gray whales regularly pass
              through these waters on their southward and northward migrations.
              In addition, the Sanctuary boundaries include the ocean waters
              north and west of the Monterey Bay, which.are rich foraging and
              fishing areas. In addition to unifying the rich habitat areas
              listed above in one management and planning unit, the proposed
              Sanctuary, through regulations, would create a buffer area between
              potentially harmful activities outside the proposed Sanctuary and
              especially sensitive habitat areas. In short, the marine
              ecosystem's diverse resources endowment and rich productivity make
              it an area of regional and National significance. The area
              deserves long-term protection and enhancement to complement the

              protection already provided for some of its resources onshore and

              for sections of the extreme nearshore zone.

                  Marine Sanctuary designation would allow NOAA to: (1) support
              research on and monitoring of the resources, (2) enhance public
              awareness of the value of .this area, (3) ai4 in coordinating

              actions by existing authorities, (4) formulate long-raLhge plans and

              respond to currently unforeseen threats which might arise, and .(5)

              regulate activities which either pose a current risk of causing

              significant damage or may have greater impacts as use of the area

              increases. Formal acknowledgment of the species and habitat value

              of these waters should in itself focus additional attention on the
              resources of this area.and thus encourage direct special attention

              to any future development plans.
                   The proposed designation will improve resource protection by


                                              1-21








        instituting new regulatory measures and by supplementing present
        surveillance and enforcement actions. The overall effect of these
        regulations, narrowly focused on specific activities, will be
        beneficial. NOAA when promulgating these regulations must work
        within the constraints of Title III of the MPRSA. Specifically,
        section 304(c) provides that NOAA cannot terminate valid leases,
        permits, licenses or rights of subsistence use or of access
        existing as of the date of Sanctuary designation but can regulate
        the exercise of such authorizations and rights consistent with the

        purposes for which the Sanctuary was designated.

             Section 304(a)(4), 16 U.S.C. ï¿½ 1434(a)(4), of'the MPRSA

        provides that as a condition of 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 aesthetic 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.
             The following eight 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; marine mammals,
        turtles and seabirds; and "thrill craft". Two other activities are


                                        1-22








            potentially subject to regulations: vessel traffic and fishing.
            Table X summarizes the consequences of the Sanctuary regulatory and
            those of the Status Quo in comparative form.
                  These activities are subject to regulation, 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. The overall effect of these
            regulations, narrowly focused on specific activities, will be

            beneficial.



            VII. 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


                                             1-23









        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
        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 notifyingNOAA 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.

             A. Fishing

             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.
             If threats arise in the future from this activity the
        Sanctuary would consult with the Pacific Fisheries Management


                                        1-24









             Council (PFMC) to determine an appropriate course of action to

             protect Sanctuary resources and qualities. The PFMC would have the
             first opportunity to draft any regulations affecting fishing

             activities.


                  B. Oil and Gas

                  Estimates of revenue foregone by the proposed prohibition of
             oil, gas and mineral activities within the Sanctuary boundary is
             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

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

             address the social and economic impacts of OCS activities".

                  C. Discharge and DeROsits
                  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


                                             1-25










        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 Control Board and the Regional Water Quality

        Control Boards.

             The regulation does not prohibit existing sewage outfall
        discharges or the disposal of dredge material within the Sanctuary

        at existing sites 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 deposit of dredged material will be subject

        to Sanctuary regulatory prohibitions unless approved by NOAA.

             New dredge disposal and designation of new dredge disposal

        sites would be prohibited within the Sanctuary. No new dredge
        disposal activities are being considered within the preferred
        boundary. In addition, new discharge of primary treated sewage
        effluent would be prohibited. Within the preferred boundary only
        the Cities of Santa Cruz and Watsonville discharge at primary
        levels. The City of Santa Cruz is 75% complete with an upgrade to
        secondary treatment and the City of Watsonville only recently
        received a 301H waiver permitting primary discharge thus it would


                                          1-26









             have five years to upgrade to secondary treatment levels.
                  Proposed desalination activities would not be prohibited with
             sanctuary designation but rather subject to NOAA certification and
             approval of appropriate permits required by other agencies to
             ensure that the activity does not injure Sanctuary resources and

             qualities.

                  This regulation may impose additional costs by requiring the

             use of more expensive dredge disposal or dumping sites or methods.

             The regulation could also result in additional costs if were

             determined 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 requirement of Sanctuary certification

             or other approval of permits for municipal, power, industrial and

             desalination outfall and dredge disposal will ensure that.these

             potentially harmful activities receive special consideration from

             the Sanctuary viewpoint.

                  D. Thrill Craft

                  Thrill Craft are prohibited in the Sanctuary except within
             three designated zones near the Cities of Santa Cruz, Moss Landing
             and Monterey. The intent of this prohibition is to minimize
             disturbance and potential injury to nearshore and coastal resources
             such as sea otters and kelp beds by designating these zones beyond


                                             1-27










        the 10 fathom contour. At the same time these zones will minimize
        conflicts with other users of the area such as surfers and swimmers
        while at the same time provide access to areas traditionally used

        by thrill craft operators.

            E. overflights

            overflights below 10001 are prohibited within three zones

        located generally around Elkhorn Slough, north of Santa Cruz and

        south of Carmel out to three nautical miles. The intent of this

        prohibition is to protect sensitive Sanctuary resources, such as

        nesting seabirds and mammals at haul out areas from the disturbance

        and startle affects of low-flying aircraft. Access to airports by

        commercial airlines will not be affected and a local seaplane

        charter will still be able to take off and land from its base at


        Santa Cruz.


            F. Vessel Traffic

            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-, or certain classes of 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) dedignation of areas to be avoided or other
        internationally recognized measures designed to protect the marine

        environment.
             NOAA will consult with USCG as studies continue and data


                                        1-28








             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.

                  G. Alteration of or Construction on the Seabed

                  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 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 harbors and
             existing mariculture operations. Harbors are specifically excluded
             from the Sanctuary boundaries and the regulation of projects for


                                              1-29









       docks and piers in the nearshore area will remain the
       responsibility of the existing regulatory authorities.
            Activities regarding the construction and placement of
       pipelines would be allowed after approval by NOAA. New sand mining
       activities in the surf zone and below mean high tide would be
       prohibited. Recent studies have shown that this activitiy is
       causing accelaration of natural erosion of the seabed and the
       adjacent dune system. The one company that dredges below the surf
       zone also mines behind the dunes and would thus be able to continue
       its activities beyond the boundaries of the Sanctuary. -
            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.



       VIII. Manageability of the Area

            The preferred alternative offers better opportunities for

       interpretation and communication due to the availability of the

       proposed satellite facilities and immediate staffing. The full-

       time attention of the manager would be available for resource

       protection due to the immediate availability of research and

       education coordinators..

            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


                                       1-30








             education, coordination, long-term planning and necessary
             regulations are described in the enclosed Management Plan (MP).
                  The MP describes management goals and objectives of the
             Sanctuary tailored to the specific resources and uses of the area.
             The goals and objectives will provide all Sanctuary users with a
             framework for conserving resources and integrating uses compatible
             with the goals of the MP. These management goals are open ended
             and therefore allow for alternative planning strategies. Each
             objective of the MP represents a short-term measurable step towards
             achieving the management goals.

                  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 management program for the proposed Sanctuary will be

             developed and implemented by NOAA and the on-site manager in
             conjunction with other state, Federal and local agencies in order

             to benefit from existing expertise and personnel and to promote
             State and Federal interagency coordination and cooperation. These
             include those of the California Departments of Fish and Game and
             Parks and Recreation, the Regional Water Quality Control Boards,


                                             1-31









        Department of Boats and Waterways, local municipalities, AMBAG,
        National Park Service, Fish and Wildlife service, the coast Guard

        and National Marine Fisheries Service.

             A particularly useful mechanism for coordination would be a

        Sanctuary Advisory Committee, including members from Federal, State
        and local agencies, as well as commercial and private interests and

        the public. 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.




        IX. Consultations

             A. National Environmental Policy Act (NEPA)

             This document is both a Final Environmental Impact Statement

        (FEIS) and Management Plan (MP) for the proposed Monterey Bay

        National Marine Sanctuary. The FEIS has been completed in

        accordance with the Council on Environmental Quality's regulations

        (40 CFR 1500-1508) for implementing the procedural provisions of

        the National Environmental Policy Act of 1969, as amended (42 USC

        4321-4347), including Public Scoping Meetings (January, 1989) and
        Public Hearings on the DEIS/MP (September, 1990) in the Monterey
        Bay area. (The MP is included in accordance with Section 304 of

        the MPRSA).

             B. Endangered Species Act (ESA)
             Pursuant to Section 7 of the ESA, the U.S. Fish and Wildlife
        Service of the Department of the Interior, and the National Marine


                                        1-32









               Fisheries Service of the Department of Commerce, were consulted in

               the performance of the biological assessment of possible impacts on

               threatened or endangered species that might result from the

               designation of a National Marine Sanctuary at Monterey Bay. The

               consultation confirmed that some IS Endangered (E) and three

               Threatened (T) species are known to occur in the area. The species

               identified are:

               1.  California brown pelican     .... Pelicanus occidentalis calif.          E
               2.  Short-tailed albatross     ..................   Diomedea albatrus        E
               3.  American peregrine falcon      ......... Falco 2eregrinus anatum         E
               4.  California least tern     ............  gterna antillaru brgwni          E
               5.  Gray whale    ..........................    Eschrichtius robugtus        E
               6.  Right whale   ...................    ;....... EubalAena glaciglis        E
               7.  Blue whale    ..........................    Balaenoptera musculus        E
               8.  Fin whale  .....................................       &.- r)hysï¿½lus     E
               9.  Sei whale  .....................................       B. borealis       E
               10. Humpback whale   .....................    Mecraptera novaeangliae        E
               11. Sperm whale   ..............................      Physeter catodon       E
               12. Green sea turtle    ...........................     ghelonia mydas       E
               13. Leatherback sea turtle     ...............   Dermoclielys corigcea       E
               14. Pacific Ridley sea turtle       ........... Le2idochelys olivgcea        E
               15. Loggerhead sea turtle     .....................    Caretta carotta       T
               16. Guadalupe fur seal    ................   Arctoce2hAlus townsgndi         T
               17. Stellar sea lion    ......................    Eumatgpias jubatus*        T
               18. Southern sea otter     ..................   Enhydra lutris nereis        T
               19. Santa Cruz long-toed salamander..Ambystoma macro. crogeu                 E
               20. San Francisco garter snake      ... Thamnophis sirt. tetratagnia         E
               21. Smith's blue butterfly     ..........  Euphilotes enoptes smithi         E
               22.. Santa Cruz cypress   ..... * .............  Cupressus abramsiana        E

                 Listed as threatened for an eight month interim period pursuant
                 to an emergency rule published April 5, 1990.
                     Both the Fws and the NMFS responded that Sanctuary designation
               was not likely to adversely affect these species and that no formal

               consultation pursuant to Section 7 was necessary.



                     C. Resource Assessment
                     The Marine Protection, Research, and Sanctuaries Act, as


                                                     1-33










       amended, requires a resource assessment report documenting present

       and potential uses of the proposed Sanctuary area, including uses

       subject to the primary jurisdiction of the Dep artment of the

       Interior (DOI). This requirement has been met in consultation with

       the DOI and the assessment report is contained in Part II.

            D. Federal Consistency Determination

            Section 307 of the Coastal Zone Management Act of 1972, as

       amended, requires that each Federal agency conducting or supporting

       activities directly affecting the coastal zone shall conduct or

       support those activities in a manner that is, to the maximum extent

       practicable, consistent with approved state management programs.
       This requirement has been met through a Federal Consistency
       Determination made by NOAA to the California Coastal Commission

       that the designation of Monterey Bay as a National Marine Sanctuary'.
       is consistent, to the maximum extent practicable, with California's

       Coastal Management Plan.

            E. Fishery Regglations
            Section 303(b)(2)(D) of the Marine Protection, Research, and
       Sanctuaries Act, as amended, requires consulation with the Pacific
       Fisheries Management Council (PFMC). During consultation NOAA
       requested the PFMC to determine if additional fishery regulations
       were necessary with Sanctuary designation in accordance with
       Section 304(b)(5). PFMC responded that no additional regulations
       were necessary and that management responsibility regarding fishing
       activities should remain with existing authorities.




                                        1-34










                 F. Other Federal and State Agencies and the U.S. Congress

                 The Secretary has consulted with the Committee on Merchant

            Marine and Fisheries of the House of Representatives and the

            Committee on Commerce, Science, and Transportation of the Senate.

            On August 3, 1990, the Designation Prospectus for the Monterey Bay

            National Marine Sanctuary was provided to all members of each

            committee. The results of these consultations have been

            incorporated into the Final Environmental Impact Statement and

            Sanctuary Management Plan (FEIS/MP).

                 The Secretaries of State, Defense, Transportation, and the

            Interior, the Administrator of EPA,'and the heads of other

            interested Federal agencies were consulted and their comments were

            addressed by the FEIS/MP. Copies of all such written comments are

            provided in Volume II of the FEIS/MP.

                 Appropriate California State and local government agencies

            were consulted and their comments were addressed by the FEIS/MP.

            Copies of all such written comments are provided in Volume II of

            the FEIS/MP.

                 The comments of all other interested persons were addressed by
            the FEIS/MP and copies of all such written comments are provided in

            Volume II of the FEIS/MP.














                                             1-35


0



















                                               SETTING
 







                                      I


  0                                                        The Sanctuary Setting










  I*










   0
                                                ii-i











                                      TABLE OF CONTENTS                         PAGE
              Section: The Regional Context        . . . . . . . . . . . .      11-4
               A. Sanctuary Location     . . . . . . . . . . . . . . . .        11-4
               B. Regional Access      . . . . . . . . . . . . . . . . .        11-5

               Section: Sanctuarv Resources        . . . . . . . . . . . .      11-7
               A. Introduction     . . . . . . . . . . . . . . . . . . .        11-7
               B. Environmental Conditions      . . . . . . . . . . . . .       11-7
                     1. Geological Oceanography     . . . . . . . . . . .       11-7
                     2. Meteorology    . . . . . . . . . . . . . . . . .        II-10
                     3. Physical Oceanography      . . . . . . . . . . . .      11-12
                           a.  Waves                                            11-12
                           b.  Water                                  : :  :
                                       T;mpe@aLre*  : : : :  : :  . .           11-14
                           c.  Offshore Ocean Currents     . . . . . . . .      11-14
                           d.  Upwelling and Eddies    . . . . . . . . . .      11-17
                           e.  Nearshore coastal currents    . . . . . . .      11-19
                           f.  Freshwater input    . . . . . . . . . . . .      11-21
                     4. Water Quality    . . . . . . . . . . . . . . . .        11-22
               C. Habitats    . . . . . . . . . ... . . . . . . . . . .         11-28
                     1.   Introduction   . . . . . . . . . . .    ; . . . .     11-28
                     2.   Submarine Canyon Habitat     . . . . . . . . . .      11-28
                     3.   Nearshore Sublittoral Habitat    . . . . . . . .      11-29
                     4.   Rocky Intertidal Habitat     . . . . . . . . . .      11-31
                     5.   Sandy Beach Intertidal Habitat     . . . . . . .      11-32
                     6.   Kelp Forest Habitat   . . . . . . . . . . . . .       11-32
                     7.   Estuaries and Sloughs    . . . . . . . . . . . .      11-34-
               D. Biological Resources      . . . . . . . . . . . . . . .       11-36
                     1.   Introduction   . . . . . . . . . . . . . . . .        11-36
                     2.   Plankton   . . . . . . . . . . . . . . . . . .        11-36
                     3.   Algae . . . . . . . . . . . . . . . . . . . .         11-38
                     4.   Invertebrates  . . . . . . . . . . . . . . . .        11-39
                     5.   Fishes   . . . . . . . . . . . . . . ... . . .        11-42
                     6.   seabirds   . . . . . . . . . . . . . . . . . .        11-45
                     7.   Turtles  . . . . . . . . . . . . . . . . . . .        11-49
                     8.   Marine Mammals    . . . . . . . . . . . . . . .       11-49
                           a. Pinnipeds     . . . . . . . . . . . . . . .       11-49
                           b. Cetaceans     . . . . . . . . . . . . . . .       11-53
                           c. Fissipeds     .                                   11-55
               E. Cultural and Historical R;s@uL;s*                             11-58
                     1. Historic sites      . . . . . . . . . . . . . . .       11-58
                     2. Shipwrecks     . . . . . . . . . . . . . . . . .        11-60
               F. Existing Protected Areas      . . . . . . . . . . . . .       11-60
                     1. State Refuges and Reserves       . . . . . . . . .      11-61
                           a.  Ecological Reserves     . . . . . . . . . .      11-61
                           b.  Game Refuges   . . . . . . . . . . . . . .       11-64
                           c.  marine Life Refuges     . . . . . . . . . .      11-65
                           d.  Fish Refuge    . . . . . . . . . . . . . .       11-66
                           e.  Marine Reserves     . . . . . . . . . . . .      11-67
                     2. state Historic Parks       . . . . . . . . . . . .      11-69
                     3. California State Park System and Beaches                11-70


                                             11-2









                III. Section: Human Activities        . . . . . . . . . . . . . .        11-72
                      A. Fishing     . . . . . . . . . . . . . . . . . . . . .           11-72
                            1. Commercial Fishing       . . . . . . . . . . . . .        11-72
                            2. Mariculture     . . . . . . . . . . . . . . . . .         11-73
                            3. Kelp Harvesting      . . . . ... . . . . . . . . .        11-74
                      B. Hydrocarbon and Mineral Activities          . . . . . . . .     11-75
                            1. Oil and Gas     . . . . . . . . . . . . . . . . .         11-75
                            2. sand mining     . . . . . . . . . . . . . . . . .         11-77
                      C. Vessel Traffic, Harbors and Dredging          . . . . . . .     11-77
                            1. Vessel Traffic       . . . . . . . . . . . . . . .        11-77
                                  a. Commercial Shipping        . . . . . . . . . .      11-77
                                  b. commercial Fishing Vessels        . . . . . . .     11-79
                                  c. Research Vessels      ' * *  * *  : * :  * : *  *   11-80
                                  d. Recreational Boating       . . .                    11-80
                            2. Harbors    . . . . . . . . . . . . . . . . . . .          11-80
                                  a. Princdton/P    'illar Point Harbor    . . . . .     11-80
                                  b. Santa Cruz Harbor       . . . . . . . . . . .       11-81
                                  c. Moss Landing Harbor        . . . . . . . . . .      11-81
                                  d. Monterey Harbor       . . . . . . . . . . . .       11-81
                            3. Dredging      . . . . . . . . . . . . . . . . . .         11-82
                            4. Dredge Disposal      . . . . . . . . . . . . . . .        11-82
                      D. Discharges, Deposits and Non-Dredge Material           Dump
                            Sites  . . . . . . . . . . . . . . . . . . . . . .           11-83
                            1. Point Source Discharges       . . . . . . . . . . .       11-83
                            2. Non-Point Source Discharges        . . . . . . . . .      11-86
                            3. Desalination Plant Discharges         . . . . . . . .     11-87
                            4. Non-Dredge Material Dump Sites          . . . . . . .     11-92
                      E.   Military Activity     . . . . . . . . . . . . . . . .         11-93
                      F.   Research and Education     . . . . . . . . . . . . . .        11-94
                      G.   Land Use   . . . . . . . . . . . . . . . . . . . . .          11-98
                      H.   Coastal Development      . . . . . . . . . . . . . . .        11-99
                      I.   Recreational Activities and Tourism         . .. . . . .     II-100
                            1.   Tourism  . . . . . . . . . . . . . . . . . .           II-100
                            2.   Coastal Recreation Areas       . . . . . . . . .       II-101
                            3.   Recreational Boating      . . . . . . . . . . .        II-101
                            4.   "Personal water craft"      . . . . . . . .    o .     11-102
                            5.   Recreational Fishing      . . . . . . . . . . .        11-103
                            6.   Intertidal Collecting     . . . . . . . . . . .        11-104
                            7o   Diving   . . . . . .   o  - o  . . . . . . . .   o     11-104
                            8.   Nature Observation     . . . . . .    o - o  . . .     11-105
                            9.   Surfing . . o . o    . . . . . . . .    o -  - o -     11-105,

                IV.   section: Existing Resource Protection          Regime   . o -     11-107
                      A. Introduction . . . o - - o o - - o          - - o . . . .      11-107
                      B. Federal Authorities .        . . . . . . .    o .      o o     11-107
                      C. State Authorities        . . . .  o         o o o      o -     II-110









                                                      11-3












          PART II: THE SANCTUARY SETTING

          I. Section: The Regional Context

               A. Sanctuary Location

               Monterey Bay is located along the central California coast
          about 50 miles (80 km) south of San Francisco (Figure p. 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 featureir@ 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 imi (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 nmil (550 km') (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 rmi south of
          Partington Point, and extending from these sites seaward


                                          11-4







                                        LA4-0-NTEREY BAY SANCTUARY                                                   ANALYSIS AREAS, ADJACENT COUNTIES, AND HYDROLOGIC UNrrs



                              [NORTHERN                                                                      18050005
                            900 Squaxe Nautical Miles
                                                                                        Francisco


                                                                                           Mateo
                                                                                                                                18050006



                                                                                       Xi




                                                                                                            .............-
                                                                                                                                                   18060001



                                                                                                                                                             18060002
                                                                                                                       . . . . . .....


                                                                                                                         . . . . . . . . . . . . . . . . .
                                                                                                                                                                    18060011



                                                                                                                                                                            18060012



                                                                                                        .. ........ . X...
                              @CENTRAL
                            2500 Square Nautical Miles

                                                                                                                        .... ...                                                                1806000


                                                                                                                  X.
                                                                                                                                                                    X..




                                                                                                                                    ..      ........ ...
                                                                                                                                            ..........
                                                                          SOU7HERN A=REA
                                                                     700 Square Nautical MjAes
                                                                                                                                                                                                                        18060006
                                                                                                                                             ...........
                                                                                                                                              .......... .... .............
                                                                                                                                                ... ........


                                                                                                                                                      . .....                             ....


                                                             Square mileages are approximate.
                                                       Numerical values indicate hydrologic                             units.
                            Map data prepared by the Strategic Environmental Assessment Division,
                                          Office of Ocean Resources Conservation and Assessment,
                                                    National Ocean Service, Rockville, Maryland.

                                                                                                          BOUNDARY ALTERNATIVES











                                    Alternative I                 Alternabve 2                   Alternative 3                Alternative 4                Altemative 5                 Alternative 6                Altemative 7










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

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

         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).

             The coastline setting varies from sandy beaches and rocky

         outcrops to sandstone cliffs and sand bluffs north of Santa Cruz,

         to over 25 miles of wind-swept dunes and beaches that fringe part

         of the bay, to the rugged rocky coastal areas of Monterey Peninsula

         and,Big Sur. The nutrient-rich waters of the bay supportextensive

         fish, invertebrate, seabird, and marine mammal populations while

         many commercial fisheries provide a significant economic benefit to

         the region and the nation.

              B. Regional Access
              The Monterey Bay area has been a popular seaside resort since

         the late 18000s. To the north is the San Francisdo-Oakland

         metropolitan area with a population of about five million. Highway
         Number 1 parallels the coast throughout the area, making coastal
         access possible in many places. North-east Santa Clara and San
         Benito counties have rapidly growing urban populations in San Jose,
         Morgan Hill, Gilroy and Hollister. North of the Monterey
         Peninsula, the shoreline is very accessible because of the large
         amount of public ownekship. South of the peninsula the rugged
         nature of the terrain and more private ownership make ocean access
         difficult, although many miles of the southern coast are owned and


                                         11-5






  0           managed by the California Department of Parks and Recreation.






















  0
                                              11-6











         II. Section: Sanctuary Resources

              A. Introduction

              The unique marine resources of Monterey Bay are attributable
         to the area's large submarine canyon and a special set of oceanic
         conditions that combine to produce the bay's highly productive
         waters. Distinct bathymetry, combined with the area's  ocean

         currents and thermal structure, produce strong seasonal upwelling
         of nutrient-rich deep water.   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.  Mo 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 and varied fish populations.



              B. Environmental Conditions

                   1. Geological Oceanography
              The Monterey Bay region is located on the continental margin
         within the California Coast Ranges province. it is situated on a


                                         11-7











              major structural unit of the earth's continental crust called the

              Salinian Block. About 20 million years ago, this block was
              displaced northward from the southern Sierra-Nevada Mountain Range

              on the Pacific tectonic plate by movement along the San Andreas

              ,Fault. Faults in the Monterey Bay area lie primarily within two

              major, essentially northwest-southeast-trending fault zones: the

              Palo Colorado-San Gregorio and the Monterey Bay fault zones (H. G.

              Green, pers. comm., 1989). The Monterey Bay Fault Zone is located

              in Monterey Bay between Monterey and Santa Cruz. It forms a

              diffuse zone, 10 to 15 km wide, of short gn echelon, northwest-

              -trending faults (Green, 1977). The Palo Colorado-San Gregario

              fault system is formed by the San Gregario fault which extends from

              Point Aho Nuevo to Point Sur where it connects with either the Palo

              Colorado fault (Dohrenwend, 1971; Green, 1977) or the San Simeon

              fault. Xovement in the active San Andreas Fault caused the October

              17, 1989 Loma Prieta earthquake; the epicenter of the magnitude 7.1

              earthquake is located near Santa Cruz.
                   The most prominent geological feature of Monterey Bay is the
              Monterey submarine Canyon. The main canyon begins in 18 m of water

              about 100 m offshore from Moss Landing. There are two main

              branches of the Monterey Canyon: Soquel Canyon to the north and
              Carmel Canyon to the  south. An additional canyon - Ascension
              Canyon - indents the  shelf off of Afto Nuevo. The entire canyon
              extends about 45 nmi  (82 km) offshore to the foot of the
              continental slope at  a depth of about 2925 M. At about 1830 m,
              depth, the height of  the canyon walls attain proportions similar to


                                               11-8









         that of the Grand Canyon of the Colorado River (Shepard and Dill,
         1966). Today Monterey Canyon is actively being excavated and
         exhumed. This activity continues to be tectonically controlled as
         fault rupture brought about by plate motion causes earthquakes that
         stimulate slumping and turbidity flows within the canyon.
         continued movement along strike-slip faults is also displacing a

         segment of the deeper part of the canyon to the north (Green, in

         press).

              The substrate of the region is variable (Martin and Emery,

         1967). The surface sediment types tend to follow the seafloor

         contours (Figure 4). Nearshore the sediments are sand and fine

         sand, offshore they are sand and mud. In both areas, the sediments

         overlie beds of sandstone, siltstone, and conglomerate. From the

         mid to late Miocene (approximately 15 million years ago) sediments

         were deposited in the Monterey Bay area that over time created the

         marine shale that is currently considered to be of primary

         .hydrocarbon potential, specifically in the Aho Nuevo and La Honda

         Basins.

              The sediments in the canyon vary from sand nearshore to mud in

         the deeper areas. Rocky outcrops are found on the walls of the
         canyon. About 3.2 million cubic yards of sediment are deposited in-

         the bay during the winter and spring months by the San Lorenzo
         River, Soquel Creek,,Aptos Creek, Pajaro River, and the Salinas

         River (Griggs, 1986).
              The Monterey Bay area is characterized by a narrow continental
         shelf and is surrounded by a variety of coa stal types. The San


                                         11-9






                                                     1230                                                            1220  ..                                                      121*
                             38"            3.0 1 - & % %                   I
                                                          Point                                                                                                                                  380
                                                          Reyes
                                                                    %                                                                                      LEGEND

                                              F                      Point So%nit.                                                                           $MR and CwW
                                                                                a
                                              Shoa                             S ;                 Oaldand                                         EM
                                                          GUM of ft     Point Lobos
                                                                                  .I    San Francisco                                                        Gravw

                                                                                                                                                             Rock


                                                                                                                                                             Sand
                                                                                  i    Point Son Pedro


                                                                                                                                                             Rhe Sand
                                                                                       Pillar Point

                                                                                                                                                             Mud and Sand

                                                                                               San Gregorio                                                  Mid

                                                                                                      Pftmdem Creek
                                                                                             Pescadera Point

                                                                                                       Point

                                                                                                                      brenzo Rhw
                                                                                                  Pt. Aft Nuevo


                                                                                                              POO              C"t

                                                                                                             SwIta
                            370                                                                                                                                                                 370
                                                                                                                                 MY
                                                                   imp                                                                           Nwr
                                                                                                                                          pS*O
                                                                                                                                          wdxwn sough

                                                                                                                                   Mau Landing



                                                                                                        M                                     Sdrms River
                                                           Coe
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                                                                                                                                                                           AREA
                                                                                                                           Point                                           ENLARGED
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                                                                                                                                 Vl*SLrmw

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                                                                                                                                          Partington Point




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                                a                                                                                                                                                              360
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                                                                                                                                                                   and





































































                                                                                                                                                                         %%
                                                                                                                                                                           %


                                                    1236                                                          122*                                                          121"

                                   Figure 4. Mmftrey Say Area Saftnent TMM (IVOAA- I-W)-









         Mateo coastline to the north of Monterey Bay consists of long
         stretches of sandstone cliffs with intermittent breaks created by
         streams that provide sandy beaches and small estuarine habitats.

         The cold ocean currents, coastal fog, tectonic upthrust, and

         sandstone cliffs provide an ideal environment for the creation of

         intricate caves, caverns and underground labyrinths known as

         11tafoni". These dramatic and complex erosional features are

         especially intricate in the Cretaceous sandstone of the Pigeon

         Point formation on the San Mateo Coast.

              The northern coastline of Monterey Bay has sand bluffs and

         flat-topped terraces of mudstone as well as rocky intertidal areas.

         From Soquel Point southward almost to Moss Landing, cliffs fronted

         by sandy beaches predominate. Sedimentary rocks, mostly shalest

         form the slopes of the Salinas Valley and the flat coastal shelf at-

         the north end of the bay (Gordon, 1977).

              The rough, boulder-strewn headlands of Point Pinos at the

         southern part of the bay are composed of granite. The white dunes

         and beaches of Pacific Grove are derived from the weathering of

         these granites. Sandy beaches backed by large dunes extend

         southward from here to the rocky headland of the Monterey

         Peninsula. South of the Monterey Peninsula is the Big Sur

         coastline that is world renowned for its steep cliffs and rocky

         headlands.

                   2. Meteorology
              The North Pacific High Pressure System dominates the region's
         large-scale meteorology, and produces northerly winds along the


                                         II-10










               entire U.S. west coast during most of the year (Beardsley et al.,
               1987). The high migrates northward and intensifies during early

               spring, providing the strong upwelling-favorable coastal winds

               characteristic of March through October (Nelson, 1977). The

               direction and intensity of coastal winds are also strongly

               influenced by local coastline orientation and topography (Zemba and

               Friehe, 1987). Large-scale fluctuations in the wind are caused

               primarily by atmospheric_storm systems that are several hundred

               miles in diameter, and have time scales longer than about 2 days

               (Halliwell and Allen, 1987).

                   In the Monterey Bay area seasons are weakly developed. The

               area has a moderate maritime climate with the general pattern of

               wet winters and relatively dry summers. January and February are

               usually th e wettest months, while July and August are virtually

               without rainfall (Gordon, 1977). The amount of rainfall varies

               markedly not only year to year but also on both sides of the bay.

               Monterey averages about 15 inches (38 cm) annually; Santa Cruz

               averages about 28 inches (69 cm).
                   During the period of March through October the prevailing
               winds are from the northwest (Nelson, 1977). Winter winds are
               variable, often from the west or southwest. winds are strongest in
               May (averaging 14 knots) and weakest between November and January
               (averaging 3 knots) (Breaker and Broenkow, 1989). The cool water
               of the California Current flows south along the coast during March
               through October; however, between November and February this
               current moves offshore off the continental shelf and slope and is


                                              II-11










         replaced with the warmer, northward flowing waters of the Davidson
         current (See below under the Physical Oceanography section for

         detail on current movements in the area). The net effect of these

         alternating currents is that the Monterey Bay climate is
         characterized by both northern temperate and southern sub-tropical

         features.

             Air temperatures along the shoreline can vary significantly

         depending upon protection from the dominant northwest winds and

         storms. For example, Afto Nuevo has a distinct microclimate making

         it warmer, and with more sunshine and fog-free days than coastal

         areas directly to the north or south (Weber, 1981). Both annual

         and diurnal temperature ranges are small because*of the moderating

         influence of the ocean.

             The central California coast is characterized by a recurrent

         fog during spring and summer. Heavy fog predominates in the

         morning near the coast with clearing usually occurring with the

         afternoon's warmer temperature. The fog is caused when the warm

         moist air associated with the prevailing westerly winds comes in

         contact with the cold upwelled waters along the coast.



                   3. Physical Oceanography

                        a. Waves

              The height and period of waves in Monterey Bay and the nearby
         coastal ocean vary with the seasons and location. Heights are
         greatest during winter and lowest in summer (Seymour et al., 1990).
         Under the more stable summer conditions, the waves are able to


                                         11-12









              build broad, gently-sloping beaches. Winter conditions produce
              higher waves that transport sand to the offshore zone and erode

              beaches (Gordon, 1977).

                   The typical significant wave height at Marina is about 75 cm

              wit@i a period of around 7 seconds. Severe waves occurred in the

              mid-1980's that inflicted damage to the Monterey Regional Water

              Pollution Control Agency (MRWPCA) outfall. The bathymetry of the

              Bay, particularly with the submarine canyon has the ability to

              refract longer period waves, causing a diverging, or lessening of

              wave energy near the head of the submarine canyon.. However, this

              is done at the expense of causing wave energy to converge to the

              south and north and may have been the cause of the damage to the

              MRWPCA outfall.

                   The northern Bay is somewhat protected from the most energetic

              storms from the northeast. The significant wave height in Santa

              Cruz Harbor is about 60 cm, which is concentrated as longer period

              swell.. Wave periods outside the Bay are similar to those at

              Marina. However, waves at locations away from the coast are

              usually larger. Maximum daily significant wave -heights in exposed

              areas of the Bay are generally 2-4 m. Heights of about 1 m are
              typical off Half Moon Bay, significant wave heights of 2 m and more
              occur regularly in the Gulf of the Farallones. swells of 3-4 m and
              greater have been measured at offshore locations at all times of

              the year.
                    Because it is a semi-enclosed basin the surface of Monterey
              Bay will also seiche, or fluctuate, at several longer periods (UP


                                              11-13










         to 36 minutes) that are characteristic of its geometry (Schwing et
         al., 1990b). Seiching generally develops following strong winds,
         or seismic activity. Given its position relative to several active

         fault zones, it is not surprising that tsunamis, or seismic sea

         waves, as large as 1.5 m have been observed in the Bay (Lander and

         Lockridge, 1989; Schwing et al., 1990b).

                        b. Water Temperature

              Water temperatures in the bay appear to be largely controlled

         by the oceanographic conditions off the coast. Surface water

         temperatures average 520F (110C) to 540F (120C) during late fall and

         .early summer. No distinct thermocline is present during this

         period. Surface temperatures in the summer reach 59OF (150C) and

         higher (Harville, 1971). Infrared satellite images taken during

         spring and summer, often show cold upwelled water across the

         entrance of Monterey Bay and that sea-surface temperatures in a

         narrow nearshore band along the eastern edge of the Bay are much

         warmer than elsewhere, reflecting the importance of local heating

         within the Bay (Breaker and Broenkow, 1989). (See below.under

         section on Upwelling and Eddies).
              More recent data (Tracy, 1990; Farrel at al., 1990) indicate
         that warmer, fresher oceanic water moves rapidly into the Bay
         during periods of weak or southerly spring and summer winds.
         Thermal gradients, both vertically and horizontally, are greatly

         reduced in winter.

                        c. offshore Ocean Currents
              The California Current System (CCS) is a part of the great


                                         11-14










              clockwise circulation of the North Pacific Ocean (Dodimead et al.,

              1963). At high latitudes water move eastward under the influence

              of strong westerly winds. Near the coast of North America the flow

              divides into two branches. The smaller component turns northward

              into the Gulf of Alaska; the larger component turns south-eastward

              to become the California Current.

                   The California Current transports Subarctic water of

              relatively low temperature and salinity, and high dissolved oxygen

              and nutrients toward the tropics (Hickey, 1979). As it moves

              south, much warmer and saltier Subtropical water, featuring low

              oxygen and nutrient concentrations, gradually mixes in from the

              west. Water temperatures at the surface range b6tween 52*F (110C)

              and 55*F (130C).

                   Equatorial Pacific water, which is warmer and saltier, lower

              in oxygen and higher in nutrients than surrounding waters, mixes in

              at subsurface levels as this current flows north. The California

              Current is also diluted by precipitation and coastal runoff,

              primarily from the Columbia River.

                   The core of the California Current off Point Sur lies about

              60-125 miles (100-200 km) from the coast and features maximum

              equatorward velocities of less than 5-10 cm/s (Chelton, 1984). The
              offshore portion of southward flow is seen up to 600 miles (1000
              km) offshore and extends deeper than 500 m, but the inshore section
              of the Current is limited to the upper 200 m over the continental
              slope (Hickey, 1979). Two velocity maxima per year are noted, in
              February-March and again in july-Aucjust (Chelton, 1984).


                                              11-15










              The CCS includes two other primary currents off central
         California; the California Undercurrent and the Davidson Current
         (Figure 5). The northward flowing Undercurrent transports water of
         relatively high temperature, salinity and nutrients and low
         dissolved oxygen from equatorial regions (Hickey, 1979). The
         Undercurrent is trapped along the continental slope, within 45-60
         miles (75-100 km) of the coast off Point Sur (Chelton, 1984) at

         depths of over 200 m.
              Northward flow extends to the surface from October through

         February; this portion of the poleward flow is referred to as the

         Davidson Current. Once it rises to the surface, it forms a wedge

         between the California Current and the coast. Its rate of flow is

         less than one knot. Upwelling stops during this period but returns

         in March with the return of the California Current. A second,

         weaker period of northward surface current is noted in late summer

         over the slope off San Francisco and Monterey.    These northward

         periods of surface flow coincide with the core of the California

         Current moving offshore (Lynn and Simpson, 1987). The Undercurrent

         is weakest in spring and early summer. Velocities of up to 14 cmls

         occur near the surface in December.

              While this description gives a general view of the large-scale

         current patterns off central California, it must be stressed that

         this mean flow exhibits considerable interannual variability. Much

         larger variations in flow and intensity and direction that occur
         throughout the year at periods of 10 days and less are superimposed
         on seasonal patterns (Chelton et al., 1988). In addition,-the


                                         11-16   -


















                                                                                                                                                            ISURFACE OCEAN CURRENTS















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


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




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





                                            (7


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

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



                                                                                                                                                 ..........



        SPRING TO LATE SUIIAMER SURFACE OCEAN C          RENTS
                  ICALIFORNIA CURRENI. 4APIVILL0001                           LATE SUMRWR TO EARLY FALL OCEAN CURRENTS                             :.-.LATE FALL T"ROUG" WINTER OCEAN CU
                           4wealmots, woe or ..N- up"                                        10CFAWC PERIM)                                                          JDAVID11001 CURNS"TJ
                                                       Iffet.
                   Dirseem of am.                                                                    am.                                                         owmilm of am.

                                                                                                                                                       Me@*# so pp,-.d oswespond-ow ft" F-6110









          character of the CCS varies greatly with latitude (Hickey, 1979).
                        d. URwelling and Eddies
              Jets, eddies and meanders, all contribute to water mass mixing,
          and make the flow of the CCS extremely complex. Highly transient

          coastal jets, or filaments, have typical surface currents of So

          cm/s, and are usually 12-30 miles (20-50 km) wide and 100-200 m

          deep (Brink, 1987). Eddies, some as large as 60 miles (100 km) in

          diameter, are able to transport seawater transverse to the mean

          flow; i.e., normal to the coast (Traganza et al., 1981, Tracy,

          1990). Filaments of cold water may be carried more than 100 miles

          (160 km) offshore from upwelling centers off Point Sur (Breaker and

          Mooers, 1986) and Afto Nuevo (Tracy, 1990). These filaments

          frequently display a high concentration of plant pigment,

          indicating their highly productive nature (Simpson et al., 1986).

              Evidence suggest the cool nutrient-rich surface waters found

          in Monterey Bay are advected from sources outside the Bay. The

         .area near Afio Nuevo has clearly been identified as one source of

          this water (Tracy, 1990). Southward flow across the mouth of the

          Bay is indicated by sequences of satellite imagery over several
          consec utive days (Tracy , 1990), although no accurate estimates of
          current speed can be made at this time. As it flows south, some of
          this upwelled water makes its way into the Bay. When it is
          present, a front observed across the mouth of the Bay may inhibit
          exchange between the Bay and ocean (Breaker and Broenkow 1989;

          Tracy 1990).
               When northerly winds relax, a warm clockwise-rotating eddy


                                         11-17










               moves shoreward, bringing oceanic water into the Bay (Bolin and
               Abbott, 1963; Breaker and Broenkow, 1989; Farrell et al., 1990;

               Tracy, 1990). Water upwelled off Point Sur may flow northward into

               the Bay on occasion. Satellite imagery also shows upwelling off of

               Pillar Point with filaments of'cold water extending south towards

               Monterey Bay (Figure 6).

                    This period of upwelling occurs almost continuously between

               March and October. There is then a short period of time,, after

               upwelling stops, where the California current is still the dominant

               current pattern but water conditions change slightly. This so-

               called oceanic period is marked by the absence of upwelling and a

               warming of the surface water temperature to more than 55*F (13*C).

                    As the surface waters are moved offshore and replaced by the

               cold, nutrient-rich waters from below the resultant upwelling

               introduces the nitrates, phosphates, and silicates that are
               essential for high phytoplankton production in the surface waters,

               which in turn are responsible for the highly productive waters of

               Monterey Bay.
                    Ekm an pumping due to local spatial variations in vind stress
               (Breaker and Broenkow, 1989) and up-canyon flow (Bigelow and

               Leslie, 1930; Breaker.and Breaker and Broenkow, 1989) have been
               proposed as mechanisms for local upwelling within Monterey Bay, but
               there is no hard evidence to support these theories at this time.
               Long-term satellite observations of surface temperature have not
               displayed localized upwelling centers inside of the Bay (Tracy,
               1990) (Figure 6) . Large internal waves of tidal frequency,


                                               11-18



































































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









               observed near the end of the Canyon (Shea and Broenkow, 1982), may
               move deeper waters up onto the shelf in that area.

                              e. Nearshore coastal-currents

                   In addition to being influenced by the CCS, currents near the

               coast are affected by a variety of forces and boundary conditions,
               including local winds, upwelling, lateral and vertical mixing,
               tides, freshwater inflow, solar heating, bathymetric changes and El
               Nifio episodes. Coastal-currents are separate from the large-scale

               CCS flow and are primarily forced by local winds.

                   While Monterey Bay is unlikely to be impacted directly by

               variations in the CCS, its indirect effects will be felt through

               changes in coastal ocean conditions adjacent to the Bay. Coastal

               flow is much more transient and variable than that seen in the CCS,

               primarily because atmospheric variations produce a much stronger

               and more rapid ocean response in shallow water.

                    Current meter studies between the Farallones and Monterey Bay

               have measured flow predominantly alongshore to the south during the

               upwelling season (February-September) due to the prevailing

               northerly winds (Strub et al., 1987; Chelton et al., 1988).

               Typical current speeds are 20-30 cm/s alongshore and 5-10 CmIs
               onshore. Ship surveys and satellite imagery off central California
               reveal that water clearly travels large distances south during this
               time of year (Robson, 1990; Schwing et al., 1990a, Tracy, 1990). A

               net northward flow has been observed during the rest of the year
               (Strub et al., 1987). However, this seasonal cycle is of very
               small. amplitude; alongshore velocities of 10-20 cm/s in either


                                              11-19










         direction occur throughout the year in response to changes in wind
         direction (Chelton et al., 1987).

              South of Monterey Bay, currents are typically northward in all

         months except March-May, with an offshore surface flow and an

         onshore component at depth (Strub et al., 1987; Chelton et al,

         1988). Coastal currents adjacent to the Bay not only vary in

         direction seasonally, and in response to changes in wind speed and

         direction over periods of 10 days and less, but can simultaneously

         flow in opposite directions at two nearby locations. Thus the

         coastal ocean near Monterey Bay is a zone where currents frequently

         converge from the north and the south. Currents in the Farallones

         as little as 9 miles (15 km) apart display very different cross-

         shelf patterns (Noble and Gelfenbaum, 1990). The flow field is

         also difficult to predict with any certainty; only about 50% of the',

         variations in current can be attributed to the wind (Chelton et

         al., 1987; Noble and Gelfenbaum, 1990).

              Few direct current measurements have been made within Monterey

         Bay, and most of those were very near shore (current meters) or of

         short duration (drogues). These limited measurements (ESIf 1978;
         Ecomar, 1981, cited in Breaker and Broenkow, 1989) indicate
         predominantly northward flow in a narrow nearshore band along the
         eastern edge of the Bay. The distribution of barnacle larvae is
         consistent with this pattern (K. Miller, pers. comm-f 1990). The
         results of non-concurrent short duration current meter measurements
         in the Canyon (Shephard et al.,m 1979 and others, summarized in
         Breaker and Broenkow, 1989) are inconclusive. The flow within and


                                         11-20










               through the Canyon, and the effects of the Canyon on shelf currents

               are unknown at this time.

                   Most of what is known.about flow in the Bay has been inferred

               from indirect evidence such as plankton and nutrient distributions,

               and in situ and remote temperature measurements (Broenkow and

               Smethie, 1978). Due to the large changes in the Bay's water

               structure that may take place over very short time periods (about

               one day during the upwe-lling season), currents inferred from

               shipboard surveys, which frequently take several days to complete,

               may not be reliable. on the other hand, flow inferred from

               snapshots of remotely sensed data,-with no temporal coverage, may

               also be misleading. Due to the presence of large internal waves in

               the Bay (Shea and Broenkow, 1982), abrupt bathymetric changes, and
               likely i'mportance of friction, estimates of current speed and

               direction based on differences in the Bay's ocean structure are
               probably not realistic. Even with these caveats, however, certain
               ,current patterns have been identified, although there are known

               strong, persistent currents within Monterey Bay.

                              f. Freshwater input

                    Freshwater flow from lands adjacent to the study region is -low
               when compared to freshwater flows to the ocean in Northern
               California, Oregon and Washington. However, freshwater flow used
               to be higher in the. central California area prior to diversion of
               water for agricultural and urban use. The Pajaro and Salinas
               rivers, which are adjacent to the central portion of the study
               area, provide the largest long-term average daily flow into the


                                               11-21










         study region and drain the largest basins (Figure XX). The
         northern portion of the study area is almost entirely adjacent to

         one watershed. (Only a small portion of the Marin County watershed
         is included to the north of the Golden Gate). The southern portion

         of the study area is adjacent to one thin coastal watershed

         draining the narrow coastal margin of the Big Sur and Los Padres

         Forest across Monterey and San Luis Obispo counties. The highest

         freshwater yield per unit area flows from the Big Sur River. This

         river is located in one of the small, localized, drainage basins

         adjacent to the steep coastal terrain of the Big Sur and is

         .probably less impacted by reservoirs, irrigation withdrawals, and

         municipal withdrawals as it is entirely within a protected forested


         area..


              All together, USGS monitoring stations estimate a total of

         1,228 cubic feet of fresh water enters the study area every second.

         (Table X).

                   4. Water Ouality

              The water quality in the central California region is known to
         be very good (MMS, 1987). The periodic upwelling and extensive,
         year-round mixing with the open ocean result in well-buffered,

         highly productive and well-oxygenated offshore waters.
              Water quality data from the National Status and Trends (NS&T)
         Program, as well as State Monitoring programs, can be used to
         provide information on whether the water quality in the study area
         is improving or declining. It may also aid in assessing possible
         effects of contaminants on the health of the Monterey Bay


                                         11-22









                             RIVERINE INPUT TO THE MONTEREY SAY NATIONAL MARINE SANCTUARY STUDY
                                                                                                      Points represent United States Geological Survey flow gauge stations.
                             Salmon Creek                                                                              Numerical values indicate hydrographic units.

                                                                                                                                                                   18050005







                                                                                                                                                                    18050006


                             Pilarcitos Creek
                                                         Pescadero Creek             San Gregorio        k
                             Butano Creek                                                                                                                          -18060001
                                                                                     Scott Creek
                             San Lorenzo R.                                                                                                                                               18060002
                                                         Pajaro River                SoQuel Creek

                                                                                                                                                                                          18060011

                                                                                     Salinas River
                                                         Carmel River


                                                                                                                                                                                             060012
                                                                                   -Big Sur River
                                                                                                                                                                                           806
                         Map data prepared by the Strategic Environmental Assessment Division,
                                    Office ot Ocean Resources Conservation and Assessment,
                                           National Ocean Service, Rockville, Mar)dand.
                                                                                                                            Arroyo dela C_                                                  8060006


                                                                                                                                                       Toro Creek

                        LONG-TERM AVERAGE FRESHWATER DISCHARGE INTO STUDY REGION WATERS
                                                         24                                                                                            Arroyo G@nde
                                    ski" CRUX
                                                         17
                             a" 00*GOFJO                      44
                                PESCADERO CREEK               45
                                    WTANOCAEEX-V         22
                                    900TT CREEK  ioo'      31
                              SAN LORENZO A(VER                              124
                                                 J-P           46
                                         ELCAEEK

                                    PAA*AD RIVER
                                    SU" RIVER                                                                                                466
                                                 J.,                        120
                                    CAAMM AfVER
                                                                         106
                                            FAVEA
                                                                54
                               ARMOV0 OF LA CRUZ

                                      TORO CREEK
                                 ANKM GRANDE     JC3 20
                                                                    100                200                3;0                400                500
                                                                         DUMAWN 0 CUM                MV PlIft SECON'D
                                                                  8@ UA. alftpw OW 8'. Dbumm two* " Dow d *@
                                                                                                     O@ Swim FAdwft. MW*W-













                                         LONG-TERM AVERAGE FRESHWATER DISCHARGES INTO STUDY REGION WATERS




                               STATION NAME                            COUNTY           HYDROLOGIC DRAINAGE AREA AT LO TERM MEA                              YIELD           PERIOD OF
                                                                                         UNIT CODE             STATION             DISCHARGE (do) (Wan discharge/               RECORD         (8 of years)
                                                                                                             tftam Miles                                   do/sq. mi.)
              Salmon Crook at Bodege                                    MARIN             18010111                 Is                      24                 1.50              1962-76               is
              Pilarchos Creek at Half Moon Bay                       SAN MATEO            18050006                 27                      17                 0.63              1966-86               21
              Son Gregorio Crook at San G       no                   SAN MATEO            18050006                 51                      44                 0.86              1970-86               17
              Pescadero Crook near Poscadem                          SAN MATEO            18050006                 46                      45                 0.98              1952-66               53
              Butano Creek now Pescadam                              SAN MATEO            18050006                 Is                      22                 1.20              1962-75               14
              Scott Creekabove Little Crook near Davenport           SANTA CRUZ           18060001                 25                      31                 1.24              1959-74               16
              San Lorenzo River at Santa Cruz                        SANTA CRUZ           18060001                 115                     124                1.08              1953-60               a
              Soquel Creek at Soquet                                 SANTA CRUZ           18060001                 40                      46                 1.15              1952-86               35
              Pajam River at Chitiermien                             SANTA CRUZ           18060002                 1186                    164                0.14              1940-86               47
              Salinas River near Spreckels                           MONTEREY             18060ws                  4156                    456                0.11              1930-86               57
              Carmel River near Carmel                               MONTEREY             1806OD12                 246                     120                0.49              1962-86               26
              Big Sur River near Big Sur                             MONTEREY             10060006                 47                      105                2.23              1950-86               37
              Arroyo do In Cruz near Son Simeon                  SAN LUIS OBISPO          18060006                 41                      54                 1.32              1951-79               29
              Tom Crook near Morro Bay                           SAN LUIS OBISPO          IOD60006                 14                      6                  0.43              1971-78               8
              Arroyo Grandeat Arroyo Grand                       SAN LUIS OBISPO          18060006                 102                     20                 0.20              1940-86               47

                                                                SOURCE:U.S. OWagical SurM. Through ttw Office of Ocean Resources
                                                                 Conservation wW Assessment National Oman Servios. Rockville. Maryland.











              ecosystem. Data on trade metals and organics are available from

              three components of the ecosystem from the NS&T data set:

              sediments, bivalves and fishes. Mussel contaminant data are of

              secondary value relative to sediment data for establishing the

              spatial distribution of contamination. However, examination of the

              distribution of sites (nationally] with the highest levels of

              contamination has shown that organic contaminants, copper, silver

              and lead have a strong affinity with urban areas. No contaminants

              are strongly associated with rural areas (NOAA Tech. Memo. NOS OMA

              49).

                   Within the central part of the study area four sites are

              sampled: two for sediments, fish and bivalves and two additional

              sites for fish and sediments only. In the southern portion one

              site is used to sample mussels only. A fourth site, also used to

              sample mussels only, is located to the north of the study area but

              within the Gulf of the Farallones NMS.

                   Water quality data from the NS&T Program is only available for
              the past three years. As such it is too early to confidently
              predict the existence of any trends in water quality. However, as
              the Monterey Sanctuary becomes operational and additional data is
              collected, it is a goal of the Sanctuary to use this data for long-

              term management issues.
                   compared to other areas Nationwide the offshore sample sites
              used in the Monterey Bay study area do not have elevated levels of
              contaminants. However, the estuarine waters of the study area are
              closed to shellfishing as a result of high Coliform counts.


                                              11-23










             Marine water quality is also monitored by the California Water
         Resources Control Board through its State Mussel Watch Program and
         the National Pollutant Discharge Elimination System (NPDES)

         pursuant to the Clean Water Act, as well as by NOAA's National

         Status and Trends Program. The State Mussel Watch program, which

         began in 1977, is operated under interagency agreement with the

         Water Resources Control Board by the California.Department of Fish

         and Game, Marine Pollution Laboratory, and involves monitoring
         toxic pollutant levels in resident and transplanted California

         mussels, resident Monterey Bay mussels, and transplanted

         freshwater clams at selected stations from coastal, bay, and

         estuarine areas. Hayes and Phillips (1987) report the major trends

         in trace metals and synthetic organic substances identified after a

         decade of monitoring in this program. There is a total of 81

         monitoring stations managed by CDF&G via the Toxic Substance

         Monitoring (TSM) Program and the State Mussel Watch (SMW) Program

         within the watersheds of the Monterey Bay study area. 39 of these

         exceed standard criteria (SWRCB, 1987, TSM Report No. 89-1; and

         SWRCB, .1987, SMW Report No. 87-2). Those measured which exceed

         "criteria" include cadmium, which is often measured in high

         concentrations since most of it comes from natural sources.

              In addition, a few specific areas within Monterey Bay have

         shown DDT concentrations above detectable levels. The California

         Department of Health and Human Services (DHS) is sampling the Bay's
         fish population for any toxins including pesticides and the State
         Mussel Watch Program is collecting data that show certain non-point


                                        11-24









              and point source coastal discharges are degrading water quality in
              specific areas.

                   For example, State monitoring results show the following:
                   1) Resident California mussels.from the Monterey Harbor area

              contain higher lead levels than elsewhere in California or

              worldwide.

                   2) Freshwater clams transplanted to the innermost freshwater

              drainage (closer to the agriculture areas) that lead to Monterey

              Bay contain the highest levels of 26 pesticide and pesticide

              degradation products ever measured during the program. Chlordane,

              endosulfan, and DDT are some of the substances identified.

                   3) The highest levels of pesticides (dacthal, endosulfan, and

              endrin) ever measured in California mussels were found in mussels

              transplanted to the outer, more saline portions of the drainage to

              Monterey Bay.

                   4) High levels of tributyltin (used in anti-fouling paints)

              are found in mussels transplanted to semi-enclosed harbors with

              extensive boating activity. Low-levels of tributyltin (0.083 ppm,

              wet weight) were found in mussels in Elkhorn Slough.

                   The high level of lead found in the mussels of Monterey Harbor

              was traced to a slag heap of lead smelting waste which had been
              placed on the inner harbor shore as railroad fill. Lead isotopic
              analyses were used to identify this slag deposit as the principal
              source of the lead (Flegal pt al., 1987). Lead (and zinc) may also
              be leaching into the bay from the wastes associated with the more
              than 30 canneries that used to operate along Cannery Row (Loehr and


                                              11-25












         Collias, 1983).

              Elevated levels of mercury have been found in mussels at

         several locations along the California coast, including Afio Nuevo
         Island. All sample locations are the site of very large pinniped
         and marine bird colonies. The elevated levels of mercury appear to
         be due to natural perturbations of the mercury cycle by higher
         organisms with anthropogenic sources being of secondary importance

         (Flegal et al., 1981).

              Petroleum hydrocarbon concentrations were measured using

         Mussel Watch techniques. Resident mussels were shown to have

         higher than expected petroleum hydrocarbon body burdens in Carmel

         Bay, an area thought to be relatively contaminant free (Martin and

         Castle, 1984).

              A wide range of pesticides have been entering the drainage to

         Monterey Bay from the surrounding agriculture areas for a long

         period of time. Studies other than the Mussel Watch Program have

         indicated other adverse effects on the water quality of the bay.

         The State Board Toxic Substances Monitoring program and the

         Department of Food and Agriculture studied DDT levels in soils and

         sediments of the Blanco Drain Area. They concluded that undegraded

         DDT from past legal agricultural use remains at significant levels
         in soils and becomes available to aquatic life when it is eroded in
         to waterways (Hays and Phillips, 1987). Both agencies suggest that
         better on-farm soil management practices could reduce the amount of
         DDT reaching the bay. DDT and its degradation products were found
         in the tissues of all eight species of marine fishes caught and


                                          11-26










               analyzed from Monterey Bay (Shaw, 1972).
                   California Department of Fish and Game also inventory's fish
               kills within waters of the state and attempts to correlate the

               kills to causes including those due to degraded water quality.

               Table X lists fish kills by county for 1985 to 1989 and shows that

               many of the kills can be attributed to a combination of both point

               and non-point source pollution.

                   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 f ound 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. Until further

               information is available and analyzed the California Regional Water

               Quality Control Board (RNQCB), Central Coast Region, has determined

               in its Draft Water Quality Control Plan (1989) that it can only
               classify Monterey Bay as a Potential Water Quality Limited Segment.
















                                               11-27















                                                                             FISH KILLS BY COUNTY: 1285 THROUGH 1989


                                      COUNTY                                 LOCATION                               DATE                 CAUSE                      COMMONNAME             NUMBER KILLED


                                MARIN                 FIFTH VALLEY CREEK BELOW VALLEY INN                      FES - 85       CHLORINE                         RIFFLE SCULPIN                               45
                                MARIN                 STORM DRAIN OUTLET BEHIND DORTY DRIVE                    JUL-86         UNKNOWN                          STRIPED BASS                                 6
                                MARIN                 MILL VALLEY CREEK                                        OCT-88         UNKNOWN                          TROUT                                        4
                                                                                                                                                               SCULPIN                                      6
                                MONTEREY              CARMEL RIVER - SCARLET WELL                              JUL-85         UNKNOWN                          RAINBOW TROUT                                5000
                                                                                                                                                               STICKELBACK                                  4000
                                                                                                                                                               EEL                                          500
                                MONTEREY              SALINAS RIVER ONE MILE FROM MOUTH EAST OF                AUG-85         PESTICIDES                       SUCKER                                       1000
                                                         HIGHWAY I BRIDGE                                                                                      CARP                                         1000
                                                                                                                                                               RAINBOW TROUT                                I
                                MONTEREY              ARROYO SECO R AT THORN ROAD FISH LADDER                  APR-87         UNKNOWN                          RAINBOW TROUT                                100
                                MONTEREY              TEMBLADERO SLOUGH                                        SEP - 87       AMMONIA                          UNSPECIFIED                                  low
                                SAN LUIS OBISPO       SHELL BEACH AT HIGHWAY 101 ALONG BLUFF                   DEC-85         PETROLEUM                        SCULPIN                                      5
                                SAN LUIS OBISPO       ATASCADERO LAKE                                          MAY - 86       HIGH TEMPERATURE JLOW            RAIN13OW TROUT                               sw
                                                                                                                                DISSOLVED OXYGEN)              CHANNEL CATFISH                              50
                                SAN LUIS OBISPO       "ILA BEACH INTAKE COVE OF DIABLO CANYON                  APR-87         FERRIC SULPHATE                  ROCK PRICKLEBACK                             I I
                                SAN LUIS OBISPO       ATASCADERO LAKE                                          APR-88         COLUMNARIS DESEASE               BROWN BULLHEAD                               5000
                                                                                                                                                               CARP                                         I
                                                                                                                                                               BLUE GILL                                    2
                                                                                                                                                               RAINBOW TROUT                                2
                                SAN LUIS OBISPO       SAN SIMEON CREEK                                         SEP-88         HIGH TEMPERATURE (LOW            RAINBOW TROUT                                200
                                                                                                                                DISSOLVED OXYGEN)              STARRYFLOUNDER                               3
                                                                                                                                                               SCULPIN                                      I
                                SAN MATEO             SAN PEDRO CREEK FROM TERRA NOVA BLVD                     JAN - 65       INORGANIC CHEMICALSIACID         STICKLEBACK                                  25
                                                                                                                                                               RAINBOW TROUT                                500
                                SAN MATEO             BUTANO CREEK, LOWER END                                  MAY-86         PESTICIDES/THIODAN,              SALMON                                       so
                                                                                                                                METHYL PARATHION               SCULPIN                                      500
                                SAN MATEO             SAN PEDRO CREEK BTWN. N. FORK AND ADOBE BRIDGE JAN - 87                 CHLORINE                         RAINBOW TROUT                                4040
                                SAN MATEO             SAN PEDRO CREEK CONFLUENCE WITH N. FORK                  MAR-87         CHLORINE                         RAIN13OW TROUT                               700
                                SAN MATEO             SAN CARLOS RIVER                                         OCT-89         INDUSTRIAL SPILL (PAINIT)        UNSPECIFIED                                  (?)
                                SANTA CRUZ            KELLY LAKE                                               JUL-87         LOW DISSOLVED OXYGEN             SACRAMENTO BLACKFISH                         20
                                                                                                                                                               THREADFIN SHAD                               20
                                                                                                                                                               SCULPIN                                      50000
                                                                                                                                                               BLUEGILL                                     to


                                                      SOURCE: NOANs Fish Kill Inventory.Stralegic Envirorwnental Assessment Division, Office of Ocean Resources Conservation and Assesstnent,
                                                      National Ocean Service, Rockville, Maryland. I gag.












                     C. Habitats


                          I. Introduction

                     The Monterey Bay area  is located in the Oregonian province
               subdivision of the Eastern   Pacific Boreal Region. This province is
               characterized by a rich cold-temperate flora and fauna (Briggs,

               1979). The Monterey Bay area, however, is home to a number of warm

               water invertebrate species characteristic of the California

               province to the south. -This overlap and co-occurrence of warm and

               cold water species contributes to the diversity of the living

               natural resources in the Monterey Bay area.

                     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

               that are found together in a relatively confined area (Figure 8).

               The six 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, 5) kelp

               forest habitat, and 6) estuarine/slough habitat.

                          2. Submarine Canyon Habitat

                     Approximately 676 square nautical miles of canyon exist in the
               study area (NOAA Charts 18680 and    18700). This habitat is found

               over the canyon beyond the continental shelf in waters over 200 m
               deep.   The waters of the bay support oceanic species of fish,
               birds,  and marine mammals. Upwelling from the canyon supports most
               of the  primary productivity for the entire bay. The canyon edge
               serves  as a feeding area for endangered blue and fin whales,


                                                 11-28







                                       1230                                                          1220                                                          1210
                38                  r-Im W, 1. %              I                    I
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                                                                                                                                            UCTMD
                                                       %
                                                                                                              N                         I. 'W&mdm Canyon
                                                       Point Son'                                                                       ZNearmhom Suhfftoml
                                                          Point  0                        nd                                            3. " In Wddaf
                                           GUN of dw                      San Francisco                                                 4Sandy fted InftrWal
                                            Flaralcm                                                                                    S. Ofp F
                                                                                                                                        6. ErtuarkwSlaugh
                                                            ell
                                                                    ii    Point San Pedro

                                                                          Pigar Point




                                                                      3          San Girm-nevi-
                                                                                            6
                                                                                         Pescadero C"i
                                                                               PeKadero Point
                                                                                  PQeon POWA             Arenzo Rhw
                                                                                    Pt Aft Num


                                                                        2
                                                                               3            DmawmwPort          SV
                                                                                    %                           Oeek
                                                                                 5               Santa        .4                                             Nam
                37*                                       %%                            %         cna                                                                             370
                                                                                                                mbr"                            M
                                                       low                                                         82                            000 h ftg@
                                                                                                   2                4       ft*o mw
                                                                                                                             amorn sla*

                                                                                                                       Mon uw&g
                                                                                                             2         4
                                                                                                       5                        Seine PJm
                                                                                                    3           morl"
                                                                                                              cmff w
                                                                                                              Pok                                            AREA I
                                                                                                    2                      Cvmel Rhw                         ENLARGED

                                                                                                                3   Lu%surftwal
                                                                                                                 Paintsw



                                                                                                                             P" mp I Fait




                                                                                                                                        LopmPoint
                360                                                                                                           NRWISIJ                                             36*
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                                                                                                                                                         Pcht        MEM



                                                                                                                                                                    CEMNU


                                        123*                                                           12r                                                          121*
                         Rgure L Habftat Types wNhIn Monterey Bay StWy Area (NOAA 1982).









              Pacific white-sided dolphins, northern right whale dolphins,
              Rissols dolphins, Dall's porpoise, and possibly the blue shark.

              Meso- and bathypelagic fishes include the lanternfish

              (Myctophidae), sablefish, deepsea sole, and Pacific rattail.     h,

              as well as euphausiid crustaceans (krill) and other organisms,

              compose a "deep scattering layer" that undergoes vertical

              migrations to the surface waters. The benthic community of the

              canyon is virtually unstudied except for an occasional grab or

              trawl taken by Moss Landing Marine Laboratories. Recent video

              transects of the canyon down to 400-500 m by the Monterey Bay

              Aquarium Research Institute do, h6wever, indicate a considerable

              diversity of organisms. Sponges, gorgonians, starfish, brittle

              stars, crinoids, and sea urchins appear to be the dominant largel

              invertebrates (James Nybakken, pers. comm.,1989).

                   A team of USGS, and NOAA workers using the submersible ALVIN,

              discovered numerous biological communities nourished by seepages of

              sulfide and methane-rich fluids from the fan or valley-floor

              sediments. These deep-sea communities are significant as they not
              only increase our understanding of the fluid-dynamics of large deep

              sea sediment fans but also provide basic knowledge of abyssal

              communities that include species also found in hot hydrothermal

              vents at spreading centers (EEZ News, October, 1989).

                        3. Nearshore SuDlittoral Habitat

                   This habitat is found in the nearshore waters of the

              continental shelf in depths from just beyond the surf to 200 m
              depth. The food chain i-s based on planktonic productivity


                                              11-29








         supported by upwelling of nutrient-rich waters from the Monterey,
         Canyon. Pelagic organisms found in this habitat include

         phytoplankton and zooplankton, squid and octopus, and most of th
         important commercial fish (salmon, albacore, rockfishes, mackere

         and anchovy). Marine birds and California sea lions feed

         throughout the habitat. Shallow nearshore inhabitants include

         Harbor porpoise and Minke whales.

              The nearshore benthic habitat is characterized by a soft

         bottom composed of unconsolidated sand and mud sediments. This is

         the most extensive bottom habitat in Monterey Bay. Two major

         groups of invertebrates are found in this habitat: 1) the infauna,

         which live buried within the sediment, comprise about 90 percent of

         all the bottom-dwelling organisms; and, 2) the epifauna, which live

         on or crawl or move over the bottom. Both groups are patchily

         distributed throughout the bay. Many benthic organisms have a

         pelagic phase in their life histories (Nybakken, 1982).

              The subtidal invertebrate fauna of the shallow offshore waters

         are found in a far greater number of species than are the

         intertidal fauna. For example, the sandy intertidal habitat has

         only 29 species and/or genera, the subtidal habitat includes more
         than 400 species and/or genera. However, less is known about these
         subtidal species than is known about the intertidal species (James

         Nybakken, pers. comm., 1989).
              The dominant invertebrate groups in the shallow subtidal
         waters are polychaetes, molluscs, and crustaceans. Crustaceans are
         dominant in shallow areas; polychaetes are dominant in deeper


                                         11-30














               waters.




                        4. Rocky Intertidal Habitat

                   This habitat is found on rocky substrate between the lowest
               tidal level and the highest tidal level. Organisms living.in th  s

               area must be able to withstand periodic desiccation, high

               temperature and light, low salinities, and strong wave action

               (Nybakken, 1982). Variation in the degree of exposure to these
               environmental factors can create marked zonation patterns within@
               this habitat (Foster at Al., 1988). Marine plants are primarilyi

               red, brown, and green algae. The invertebrates include mostly

               sessile species such as mussels, barnacles, and &nemones. Mobile

               grazers and predators include crabs, amphipods, littorine snails,,

               limpets, sea stars, and sea urchins. Tidepool fish include the

               striped surfperch, tidepool sculpin, tidepool snailfish, and

               cabezon.

                   Rocky intertidal habitats are probably the most well studied

               of all habitats in and adjacent to Monterey Bay. These habitats

               are not uniform within the bay, but vary in composition within

               short distances. All of the Areas of Special Biological

               Significance (ABBS) found within the study area have rich
               abundances of invertebrate species. in addition, Asilomar Beach@l

               and Point Sur are well known areas for invertebrates and the
               Fitzgerald Marine Reserve has one of the largest intertidal reefs
               in California supporting an extremely diverse and abundance array

               of invertebrate species.


                                              11-31











                   5. Sandy-Beach Intertidal Habitat

              Sandy beaches are the dominant intertidal habitat in Monterey

         Bay. The environmental conditions that exist in this habitat

         between high and low water require almost all organisms to bury

         themselves in the sand. This is a very dynamic habitat with

         constantly shifting sands caused by wave action and the longshore

         transport of sand. The overall productivity of this habitat is

         lower than that for rocky intertidal habitats (Nybakken, 1982).

              Benthic diatoms are the only marine algae that may be present.

         Oakden and Nybakken (1977) found 29 genera or species of animals,in

         .transects taken over the course of.a year. Polychaete worms,

         bivalve molluscs, and crustaceans were the predominant

         invertebrates found. Sand dollars and gastropod molluscs are allo

         found here (Wilson, 1986). The only fish that are common are those

         that use sandy beaches for spawning, e.g., the surf smelt.

                       KelR Forest Habitat
              There are approximately 200 nautical miles of kelp in the
         study area. There is continuous stretch of kelp along the coast

         from Aho Nuevo to Cambria excluding the area from Santa Cruz to
         Monterey where the sandy substrate is unsuitable for kelp holdfast
         attachment. North of Aho Nuevo kelp distribution is sparse and

         almost non-existent north of Pescadero Point.
              Kelp is one of an order of large brown algae. It attaches to
         rocky substrate and  grows in water depths from about 2 m to 20 mol
         The floating portions of these plants form dense canopies on thel
         sea surface. Kelp forests provide critical habitat for encrusting


                                         11-32











               animals such as sponges, bryozoans, and tunicates, as well as fo

               juvenile fish, molluscs such as abalone, algae, and for other

               invertebrates. Fish associated with kelp beds include greenling,

               lingcod, bocaccio, and many species of surfperches and rockfish.

               Gray whales have been reported to feed near kelp forests and to

               seek refuge in them from predatory killer whales (Baldridge, 1972).

               Kelp also provides a food resource for fish, and for grazing and

               detritus-feeding invertebrates, such as isopods and sea urchins.
               Predators., such as sea stars and sea otters, are also active thel.

                    Kelp detached and transported during storms provides a source

               of food for other local habitats. Sandy beach fauna utilize the@

               kelp washed up on the beach. Kelp material that sinks may provide

               a source of energy for deep water benthic organisms. Fish,

               particularly juvenile rockfish, utilize the habitat provided by

               rafts of drifting kelp (Foster and Schiel, 1985).
                    Sea otters and harbor seals are commonly associated with kel Ip
               forests in. this area, and otter biology and the ef f ects of sea

               otters on kelp communities have been the subject of numerous
               completed (reviewed in Van Blaricom and Estes, 1988) and continuing

               studies. The exact ef f ect that sea otters have on the community

               structure of the Monterey Bay kelp forests remains unclear. Sea!
               otters are known to prey on sea urchins. Sea urchins are known
               grazers on kelp. Comparisons of kelp forests with and without sea
               otters have shown that sea otter predation on sea urchins has a
               beneficial effect on the distribution and growth rates of kelp.
               Sea otters have been described as "keystone 'species" which play  a


                                               11-33









         major role in determining community structure (Estes and Palmisa 0,
         1974). However, because other factors also affect kelp
         distribution and abundance, this role of sea otters is not totally
         accepted (Foster and Schiel, 1985). Kelp does appear to be       I
         increasing in distribution in areas where sea otters live (Reidman,

         1986).

                   7. Estuaries and Sloughs

              Estuaries provide some of the most productive habitats in t e

         world. These habitats are critical not only for the local

         ecosystems in which they appear but also ecosystems elsewhere

         through the species they support (NOAA and FWS, 1991). In the

         Monterey Bay area the adjacent estuaries, slough and wetlands no@

         only provide critical habitat for some stage in the life-cycle ot a

         number of plants, fish, shellfish and other wildlife but also

         provide flood damage protection, protection from storm and wave

         damage, water quality improvement.through filtering and processing
         of*agricultural and urban wastes, and recharge of aquifers (NOAA;

         and FWS, 1991).

              .The dramatic loss of original coastal wetlands (75% in

         California) as well as Nationwide emphasizes the value of those
         remaining estuaries for the species that depend upon them for thqir
         survival. For example, the tidewater goby Eucycl obius newber
         (more common in the southern portion of the study area), and the.
         stickleback Gasterosteus aculeatus lejurus (more common  in the
         northern portion of the study area) and both candidate species for
         Federal listing as species of special concern due to their limited


                                         11-34






               numbers and distribution, are distributed throughout the estuarirr
               and slough habitats of the Monterey Bay area (Cailliet, pers. colim.
               1991).

                   In the center of Monterey Bay and east of Moss Landing is
               Elkhorn Slough, the largest remaining coastal wetland area betweln
               Morro Bay and San Francisco Bay. The importance of Elkhorn Slou   Ih
               to,the area's ecosystem and the public was recognized when it was

               designated a National Estuarine Research Reserve in 1981.

                   Numerous other smaller but also valuable estuaries, sloughs

               and wetlands exist throughout the study area, especially at the

               mouths of the major rivers that enter the Monterey Bay area, such

               as Pescadero and Soquel Creeks, and the San Lorenzo, Pajaro,

               Salinas, Carmel, Little Sur and Big Sur Rivers. Other smaller

               areas of freshwater input to the ocean include, but are not limited

               to; Pillar Point marsh, Miramonter Point wetlands, Parisima Creek,

               Tunitas Creek, San Gregorio Creek, Pompino Creek, Mill Creek,
               Pescadero Marsh, Big Creek, Limekiln Creek, Carpolare Creek, Salmon
               Creek, Elkhorn Slough, Laguna Salada Wetland, and San Pedro Creek.

                    In total these -areas where rivers meet the sea provide a rare

               and. critical series of unique habitats for a wide variety of
               species that contribute to the national significance of the

               Monterey Bay area.












                                               11-35











             D. BiO109[ical Resources

                   1. Introduction

             The diversity and abundance of species in the Monterey Bay

         area can be attributed in part to the location of the bay within@

         the broad transition zone between the Oregonian Province to the

         north and the warm water California Province to the south. Not

         only do many northern and southern species coexist in the

         transition zone but there are also endemic species which seem to

         survive only in the transition. The fossil record suggest that

         this transition zone has existed for many millions of years, and

         that it has been a likely site of evolution for species that later

         became established as characteristic species of either Oregonian or

         Californian Provinces.

              Thus Monterey Bay supports a wide array of temperate cold-

         water species, with occasional influxes of warm-water species.

         This species diversity is directly re lated to the diversity of

         habitats described above and the location of Monterey Bay within a

         broad transition zone providing a complex gradient of changing

         environment in which the relative proportions of species changes

         from north to south. All the biological resources within the
         Sanctuary will be protected by Sanctuary designation including but
         not limited to, plankton, algae, invertebrates, fish, seabirds,

         turtles and marine mammals.

                   2. Plankton

              Plankton species present in the Monterey Bay area are
         primarily characteristic of the cold-water California region, but


                                         11-36









               also include a few warm-water species (Holton -et A.1., 1977; Riznyk,
               1977; Garrison, 1979). Upwelling from the canyon carries some deep
               water species close to shore.

                    Diatoms are the primary component of the phytoplankton. The

               spring to late summer period of upwelling with its nutrient-rich

               waters causes a seasonal variation in the standing stock of.       I

               phytoplankton. The highest primary productivity is associated with

               the upwelling period; the lowest during late fall through winter@

               when the warmer Davidson Current predominates and upwelling ceases.

               Dinoflagellate blooms occur in the fall in the warmer waters.

               Satellite imagery indicates that phytoplankton.concentrations are

               frequently higher in the northern regions of the bay, with low

               phytoplankton waters entering the bay from the south around Point

               Pinos (Hauschildt, 1985).

                    Unlike phytoplankton, which are limited to the euphotic zone

               (approximately the upper 100 m), zooplankton occur at all depths

               and are able to migrate vertically up to several hundred meters.

               The phytoplankton are fed upon by a variety of zooplankton such as
               ciliates, copepods, euphausiids, and pelagic tunicates.
                    Zooplankton are in turn an important food source for fish and
               other organisms. Dense concentrations of euphausiids occur in the
               surface waters and in deeper layers from 100 to 400 m from April to

               November (Barham, 1956; schoenherr, 1988). These swarms serve as
               food for a variety of adult fishes, whales and sea birds (Harvey,
               1979; Schoenherr, 1988), and for juvenile fishes which prey on
               euphausiid eggs and larvae (NOAA Rockfish Recruitment Cruise


                                               11-37










          Reports, 1986-1988). Dense swarms of gelatinous pelagic tunicates
          also occur periodically from early spring to mid-fall (Barham,
          1956). In fall 1986, aggregations of euphausids, dominated by the
          krill -Euphausia pacifica, attracted a large number of endangered

          blue whales to feed in Monterey Bay (Schoenerr, 1988).



                   3. Algae

              Large marine algae, or seaweeds, are diverse and abundant in
          the Monterey Bay area. The extent of this diversity is shown by  I

          the presence of over 450 of the 669 species of algae described for

          California (Abbott and Hollenberg, 1976). 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. I

          has been suggested that Monterey Bay may represent a biogeographic

          boundary for the distribution of algae; this, however, may be

          because the bay area has been studied more intensively than others

          (reviewed in Foster et al., 1988).

              The seaweeds of the Monterey Bay area are composed of three

          main phyla: red algae (Rhodophyta: 69 percent of all species),

          brown algae (Phaeophyta: 20 percent), and green algae (Chlorophyta:
          10 percent). They occur primarily in areas of rocky substrate and
          only rarely in water deeper than 40 M (Abbott and Hollenberg,
          1976). The most extensive algal communities are dominated by
          forests of giant kelp (Macrocystis 2yrifera) and bull kelp
          (Nereocystis leutkeana). Bull kelp rejuvenates itself annually;       is

                                          11-38









              giant kelp is generally perennial, growing all year.
                   Kelp beds are continuous from San Simeon in the south of the

              study area to Monterey city. Within Monterey Bay from Monterey
              City to south of Santa Cruz there are no kelp beds due to the sandy
              substrate of the shore. Kelp beds are thick off of Santa Cruz city
              and intermittent up to Aho Nuevo. Kelp is rare from Aho Nuevo to

              Half Moon Bay, the northern limit of its distribution.   The Santa

              Cruz County coast between Terrace Point and Point Aho Nuevo has

              changed from almost total dominance of giant kelp in 1911 to an

              increase-in the number of bull kelp stands (Yellin et al., 1977).

              Although sea otters may produce further changes, the primary

              factors affecting these kelp forests appear to be storms and

              substrate composition (reviewed in Foster and Schiel, 1985).

                   Table X shows a brief listing of some of the types of algae

              associated with the different habitats encompassed by the Sanctuary

              study area. In addition to the marine and coastal types of algae

              the estuary and slough habitats provide sheltered areas for an

              abundant growth of marine algae as well as specifically adapted

              vascular plants such as eelgrass and pickleweed that in turn

              provide rich micro-habitats for other organisms.

                        4. invertebrates

                   The Monterey Bay area has one of the most diverse and species-
              rich invertebrate faunas of any marine area of similar size in the
              entire world (James Nybakken, pers. comm., 1989). This diversity

              can be illustrated by the following facts: 1) of the 33 or so
              invertebrate phyla, the only ones that have not been collected in


                                              11-39







           Table/(.         Representative Algae Associated with the Diverse
                            Habitats of the Monterey Bay Area.

                            Representative                               Common
           Habitat               Alaae             Classificatio           Name

           Submarine        phytoplankton          Chaetoceros spp.      diatoms
           Canyon           phytoplankton          Ceratium Spp-    dinoflagellates

           Nearshore     No suitable substrate
           Sublittoral

           Sandy            phytoplankton                                diatoms
           Intertidal

           Xelp             Kelp             Macrocystis pyrifera        giant kelp
           Beds             Kelp             Ngreocystis leutkeana       bull kelp
                      fucalean algae          Cystoseira
           Rocky            red algae              Indocladia spp.
           Intertidal       brown algae            Fucus'spp.            rockweed
                            green algae            Ulva spp.             sea lettuce
           Estuary/         phytoplankton                                diatoms
           slough           green algae            Enteromor.Rha in&enstinalis
                            red algae              Gracilaria lemaneiformis
                            Flowering Plants       zostera marina        eelgrass
                                                   Salicornia            pickleweed









               Monterey Bay are Loricfera and Pogonophora; 2) For some groups
               (e.g., shallow water starfish), Monterey Bay may well be the

               richest area in the world; 3) There may be more species of molluscs

               in Monterey Bay than in any other locality outside of tropical or

               semi-tropical areas (Smith and Gordon, 1948, in J. Nybakken, pers.

               comm.). Those researchers listed 725 species of molluscs from the

               Monterey Bay alone. For limpets and chitons, the bay region is the

               richest and most diverse in the world (David Lindberg, pers. comm.,

               1989); 4) Monterey Bay is a faunal break on the Pacific Coast for

               molluscs (Valentine, 1966). The bay is the northern limit of the

               range for many southern species and the southern limit of the range

               for many northern species; 5) Monterey Bay has a'relative abundance

               of some species which are uncommon or rare where they occur. This

               includes the strange animal named Poeobius, which has been

               considered a missing link between the annelids and the sipunculans.

               Also, the cnidarian Tetraplatia, which is rare in the world's

               oceans, has been taken in abundance in Monterey Bay.

                    The distribution, species composition, and abundance of the

               invertebrate fauna in Monterey Bay are determined by many factors.

               The submarine geology and the types of rocky substrate or
               unconsolidated sediments, the submarine canyon and associated
               upwelling, the offshore currents and circulation patterns, the kelp
               forests, and the presence of mammal predators all influence the

               niches occupied by the various species (Table X).
                    The rocky intertidal habitat support the widest array of
               invertebrate species (Ricketts et a-I., 1985; smith and Carlson,


                                               11-40










           Table    Representative Invertebrates Associated with the Diverse.
                    Habitats of the Monterey Bay Area (J. Nybakken, pers.
                    COMM.1 19s9; Elkhorn Slough NERR, Management Plan).

                           Representative                      Common
           Habitat         Invertebrates  Classification       Name

           Submarine       hexactinellid  Porifera             glass sponge
           Canyon          gorgonians     Cnidaria             soft coral
                           euphausiids    Euphausia pacifica   krill
                           bivalve        Calyptogena.         clam
                           crinoids       Echinodermata        sea lily

           Nearshore       polychaetes    Aricidea sp.         bristle-worms
           Sublittoral     bivalves       Macoma sp.           burrowing clam
                           snails         Olivella biRlicate   olive snail
                           crabs          Blepharipoda         spiny sand crab
                                           occidentalis
                           mysids         Acanthomysis davisi  opossum shrimp
                           tunicates      Dolioluirf tritonis. salps
           Sandy           bivalves       Tivela stultorum,    pismo, clam
           Intertidal      crabs          Emeri-ta analoga-    mole crab
                           amphipods      Orchestoidea spp.    sand hoppers
                           sea urchins    Dendraster           sand dollar
                                            excentricus
                           snails         olivglla             olive snail
                                            columellaris

           Kelp            gastropods     Haliotidae           abalone
           Beds            bryozoans      Membranipora         encrusting
                                                                bryozoan
                           tunicates      Ascidiacea           sea squirt
                           gastropods     Acmaga spp.          limpet
                           sea urchins    Strongylocentrotus   purple sea
                                             RurRuratus         urchin
                           gastropods     Tegula,              turban snails
           Rocky           sea snails     Littorina spp.       periwinkles
           Intertidal      sea stars      Asteraidea spp.      starfish
                           barnacles      Balanus spp.         acorn barnacles
                           bivalves       Myti     spp.        mussels
                           sea anemones   AntheRleura          aggregate sea
                                            elegantissima        anemone
                           sea snails     Teaula funebralis    Black Turban
                                                                 snail
           Estuary/siouqh clams           Tresus-nutallii      gaper clam
                                          Macoma segta         white sand clam
                                          clinocardiu nutAllift basket cockle
                           worms          urechis caupo        fat inkeeper worm
                                          Notomastus-tenuis    rubber-band worm
                                          Neanthes brandti     clam worm
                           shrimp         Callianassa          ghost shrimp
                                             californien-s-iA
                           snail          Aiolysia californica, sea hare
                                                          agnCU" mud crab
                           crabs          HemigraRsus 21292DEW      shore crab
                                          Ra-chygram










               1975; Morris 1-t- al., 1980). Particularly rich and diverse areas

               within this class of habitat and encompassed by the Sanctuary study

               areas include the State designated Areas of Special Biological

               significance, as well as Asilomar Beachl the Fitzgerald Marine

               Reserve and Point Sur. Characteristic species include periwinkles,

               isopods, barnacles, limpets, sea snails, crabs, chitons, mussels,

               sea stars, and anemones. Research into the recruitment patterns of

               crabs and crab bed locations in northern Monterey Bay gives an

               example of how the distribution of a species can be influenced by

               local circulation patterns. Temporal tracking of several species

               .of crabs, including the commercially important Dungeness crab,
               indicates that they are not produced locally 'but are advected into

               local waters by the southerly flowing California Current (Monty

               Graham, pers. comm., 1989).

                   invertebrates found in the sandy beach intertidal habitat are

               dominated by numerous species of polychaete worms, crustaceans, and

               molluscs. Nearshore benthic invertebrates include polychaetes and

               other worms; molluscs such as snails and bivalves; ostracods,
               amphipods, isopods, and other crustaceans; and starfish.
                    Squid, octopus, jellyfish, salps, heteropods, and euphausiids
               are some of the macro-invertebrates found in the pelagic
               environment. Numerous larval invertebrates are also found there

               during their planktonic stages of development.
                    Invertebrates found in deep water and the canyon include
               various species of hexactinellid sponges and gorgonians (soft
               corals). Nybakken (pers. comm., 1989) has collected specimens of


                                               11-41









         the clam Calyptogena, which is the same genus as the giant clams of
         the thermal vent areas of the Galapagos.

              Estuarine and slough habitats can support widely diverse and

         abundant invertebrate species. Historical studies of the Elkhorn

         Slough area, showed approximately 371 species of benthic

         invertebrates (excluding oligochaetes) (Nybakken, 1977).    The best

         known inhabitants include clams, such as the gaper, white   sand and

         the basket cockle. In addition worms, shrimp, snails and    crabs

         actively assist in the process of converting the sloughs rich

         organic matter into food and in the process providing larger

         organisms such as fish and birds with a plentiful food base.

              Invertebrate species harvested by commercial and recreational

         fishermen include squid, spot prawn, Dungeness crab, abalone, and

         pismo clam.

                   5. Fishes

              The diversity and abundance of the fish fauna in the Monterey

         Bay area is a significant resource. Generally, the area exhibits

         the very rich cold-temperate fish fauna of the Oregonian province

         (Briggs, 1979). The same environmental factors that determine the

         distribution, abundance, and species composition of the other
         living resources of the area also affect the fish communities. In
         addition to the presence of the submarine canyon and the upwelling
         of nutrients, kelp beds provide shelter and food for juvenile and
         adult fish, while offshore rocky reefs are prime feeding and
         spawning areas for many species of fish (Figure XX).
              Approximately 345 species of fish are found within the study        0
                                          11-42





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                                   Figure 9.       Major Fishery Spmft Arm Adapted from Adas of Marine Resources thr Cenva/ CaMomis
                                                   (Central Coast Regional Studies Aug. 19W) and Ecology of Important RWW@ Species Oftore
                                                   Calffornia (OCS Study, NMS 86-0093, ISM











         area. The numbers of species most "common" to have been identified
         and associated with the various habitats include: (1) Canyon and
         deep bottom, - 93; (2) Rocky intertidal (tidepools), - 24; (4)
         Subtidal (kelp), - 34; (5) Estuaries, Sloughs and Sandy
         intertidal - 68; (6) Nearshore sublittoral (soft bottom) - 33; (7)
         Epipelagic - 25; and (8) Meso- and Bathypelagic - 69 (Greg

         Cailliet, pers. comm. June, 1991).

              The diverse habitats of the area each have their own

         characteristic assemblage of fish (Table X). Although the fish

         fauna of Monterey Bay are relatively well known (Kukowski, 1972;

         Cailliet et al., 1977, in Anderson et al., 1979), fish in the

         submarine canyon are characterized by a variety of little known

         meso-and bathypelagic species. Because the canyon,allows deep-

         living species to come close to shore, many uncommon deep-sea

         fishes have been taken in Monterey Bay. Anderson @gt Al., (1979)

         reports fishes belonging to 41 families were captured in the bay by

         Moss Landing Marine Laboratories or by fishermen. Several of the

         species were previously unrecorded in the area, while others were
         extremely rare or far beyond their normal range. The persimmon
         eelpout (Maynea californica) was once thought to be an extremely
         rare species. It has recently been found to be abundant in the
         Monterey Canyon in association with its own unique bottom drifting
         seaweed habitat (Cailliet and Lea, 1977). A rare, deep-water North
         Pacific frostfish (Benihodesmus elongatus pacificus), a species
         unknown in California, was caught in Monterey Bay in 1968 (Anderson
         and Cailliet, 1975). A rare prowfish (ZaRrorA sile      was caught


                                         11-43


0






                Tabl       Representative Fishes   Associated with the Diverse
                           Habitats of the Monterey Bay Area (G. Cailliet, pers.
                           comm., 1989).


        		Habitat          Common Name          	Genus/Species
		
                	Submarine        	deep-sea sole		Embassichthys bathybius
			 Canyon		sablefish			Anoplopoma fimbria
						persimmon eelpout 	Maynea Californica
						Pacific hake		Merluccius productus
						spiny dogfish		Squalus acanthias

			Nearshore		Pacific sardine		Sardinops caeruleus
			  Sublittoral	jack mackerel		Trachurus symmetricus
						California halibut	Paralichthys californicus
						Northern anchovy		Engraulis mordax
						bocaccio			Sebastes paucispinis

			Sandy			white surfperch		Phanerodon furcatus
			  Intertidal	topsmelt			Atheripops affinis
						starry flounder		Platichthys stellatus
						speckled sanddab		Citharichthys stigmaeus
						Pacific sandlance		Ammodytes hexapterus

			Kelp Beds		rockfishes			Sebastes spp.
						kelp greenling		Hexagrammos decagrammus
						painted greenling		Oxylebius pictus
						lingood			Ophiodon elongatus

			Rocky			tidepool snailfish	Liparis florae
			  Intertidal	tidepool sculpin		Oligocottus maculosus
						monkey-face eel		Cebidichthys violaceus
						rockweed qunnel		Xererpes fucorum
						blackeye goby		Coryphopterus nicholsii

			Estuary/Slough	tidewater goby		Eucyclogobius newberryi
						stickleback			Gasterosteus aculeatus leiurus
						Northern anchovy		Engraulis mordax
						Pacific herring		Clupea palis
						topsmelt/jacksmelt	Atherinopsis spp.
						bat ray			Myliobatis californica
						leopard shark		Trakis semifasciata

		
 









         on the north shelf of the submarine canyon in 1973 (Cailliet and
         Anderson, 1975). The commercially important sablefish spawns in
         the deep waters of the canyon but lives in relatively shallow
         waters as juveniles (Cailliet and Osada, 1988).
             Fish of the nearshore subtidal habitats exhibit the greatest
         diversity. This habitat includes many commercially important fish

         such as the pelagic schooling species (northern anchovy, Pacific
         herring, jack mackerel, sardine), the large predators (king salmon,
         sablefish, sharks), and some demersal species (English and petrale
         sole). Many important species of rockfish are found over rocky

         reefs. Monterey Bay was the southern extent of spawning for the

         king (chinook) salmon, although they do not presently spawn in any

         of the Bay's streams.

              Sandy intertidal areas are used by small pelagic species

         (grunion and smelt) that use the beaches of the inner bay for

         spawning. other species that forage near sand flats include the

         surf perch, striped bass, jack smelt, sand sole, sanddab, and

         starry flounder.

              Most of the finfish found in shallow rocky reefs are also

         common in kelp beds. The kelp canopy,,stipes, and holdfasts

         increase the available habitat for pelagic and demersal species and
         offer protection to juvenile finfish. Greenling, lingcod, and
         numerous species of rockfish are the dominant fishes. The rocky
         intertidal habitat is characterized by a rather small and
         specialized group of fish adapted for life in tide pools and wash
         areas. The most representative species are the monkey-face eel,


                                         11-44











               rock eel, dwarf surfperch, juvenile cabezon, sculpins, and blennies

               (California Department of Fish and Game, 1979).

                    Few fishes live year-round in sloughs although some fish such

               as the tidewater goby Eucyclogobius newberryi and the stickleback

               Gasterosteus aculeatus leiurus depend upon the more brackish upper

               reaches of the estuarine habitats. Full time residents such as the

               staghorn sculpin and the bay pipefish depend upon the mud, eelgrass

               and other microhabitats, to feed, reproduce and hide from predators

               (Silberstein and Campbell, 1989).

                    Mid-water swimmers such as the Northern anchovies (Engraulis

               mordax) , Pacific herring (Clunea vallis) and topsmelt and j acksmelt

               (AtheginORsis sPRJ also use the area for feeding while at the same

               time using the microhabitats for protection from predators

               (Silberstein and Campbell, 1989).

                    Large marine predators such as bat rays (Myliobatis

               californica) and leopard sharks (Trakis semifasciata) forage
               extensively on the benthic fauna of the more saline lower reaches

               of the estuaries (Silberstein and Campbell, 1989).

                    Sardines were the basis for an extensive fishery in the
               1930's. Overfishing caused stocks of the Pacific sardine to

               decrease until the fishery collapsed.

                          6. seabirds
                    The Monterey Bay area historically has been recognized as a
               uniquely important region of seabird occurrence (Loomis 1895, 1896;
               Beck 1910). Several environmental features are responsible for the

               diverse assemblage of birds in the area:


                                                11-45









              the bay is located on the Pacific Flyway, allowing the birds a
              place to stopover during both north and south migrations
              between southern wintering grounds and northern breeding
              sites.

              the upwelling of nutrient-rich waters adjacent to the
              submarine canyon support highly productive food webs which
              provide abundant seabird prey.

              plumes of upwelling in the outer shelf regions also act to
              concentrate prey near the surface in "fronts" at the plume
              edges (Briggs et al., 1983a, 1984, 1987a, b; Briggs and Chu,
              1986, 1987).

              the availability of food in a bay protected on three sides
              allows birds that normally feed far offshore to seek shelter
              during storms.

              the diversity of habitat types along the shore increases the
              variety of bird species which utilize the bay area.

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

         Bay region, of which about thirty species predominate in their

         preferred seasons and habitats (Briggs and Chu, 1987). Table X

         lists some important seabirds and their seasonal status. Thirteen

         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). The location of

         important seabird colonies are shown in Figure X.

              The majority of seabirds occur here as non-breeding
         residents/visitors and spring/autumn migrants. The area is
         important habitat for visiting autumn and winter populations of
         ashy storm-petrels, California brown pelicans., sooty and short-
         tailed shear-waters ''western grebes, common murres, marbled
         murrelets, Cassin's and rhinoceros auklets, surf scoters, and
         several species of gulls. Spring and fall migrant species include
         phalaropes, Pacific loons, common and arctic ternst and pomarine

                                         11-46




               Table @,@ Representative Seabirds and their Seasonal Status in the
                    I/    Monterey Bay Area (from Briggs, It Al., 1983).
               Breeding species

               Double-crested cormorant             Forster's tern
               Brandt's cormorant                   Common murre
               Pelagic cormorant                    Pigeon guillemot
               Western gull                         Marbled murrelet (Threatened)
               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


               SRring/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/visitorg

               Buller's shearwater                  Black storm-petrel
               Black-footed albatross               Royal tern
               Pink-footed shearwater               Eleqant 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 tropicbird                Little qull













                                                  127
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                         Significant Sea Blird                                                     Monterey
                         Populations In ft Monterey
                         Bay National Marine                                                       Pg. Lobos
                         Sanctuary Area

                                 Bmndwy Alernatives                                                  1. Sur

                                 High COnCOntraliOn3 Of
                                 Tubenosm Mar.,U.
                                 (32-1561SqKm)
                                 High Concentrabons d                                                              Lopa Pt.
                                 Pelicans Aug.4iov.
                                 (.54.2/Sq*n)                                                                    A
                                 High Caicentrations of                                                                 Cape Jam Martin
                                 Jaegws, Gulls w4 Term
                                 Dec.-Feb. (16-47.14410n)

                                                                                                                      ........... .
                         7(D     Onshore Colones                                                                                t Piedras Bkmcas

                         0           is           30
                                 -Sit -aw -bL M I a s
                                                                                                                      ...............
                                3W












                       Altemative 1        Altemative 2       Aftwnah* 3        Aftemah* 4         Altemative 5      Aftmative 6        Alternative 7










              and parasitic jaegers. 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. One species, the western snowy plover, is a candidate

              species for being listed as endangered or threatened by the U.S.

              Department of the Interior. The California brown pelican nested at

              Point Lobos until 1959 (Baldridge, 1974). The brown pelican now

              breeds during the summer in southern waters and migrate into the

              area in large numbers in September and October. They currently

              roost on Afto Nuevo Island, Elkhorn Slough, and Point Lobos. The

              California least tern nested at Moss Landing early in the century.

              In 1973, the coast south of San Francisco contaified only 20

              colonies with a total of fewer than 700 pairs (Udvardy, 1977).

              Peregrine falcons feed along the shores of the bay, especially

              around Point Lobos and Elkhorn Slough. Five nests have been

              identified in Big Sur (Roberson, 1985).

                   offshore distributions and concentrations of seabirds show the

              importance of the Monterey Bay area marine ecosystem as a habitat

              for seabirds (Figure XX and ZX).

                   There are a total of 94 species of seabirds which can be found

              in 23 main rookeries and colonies in the Monterey Bay area. Fiqure
              X, taken from Chabot and associates (1990), shows the areas of high
              concentration for significant populations of seabirds in the study
              area. It also shows a total of 23 rookeries and colonies within
              the study area. Significant populations include pelicans,
              tubenoses, jaegers, gulls and terns. The highest concentrations


                                              11-47










         are found in the northern portion of the study area.

              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 (Roberson, 1985).

              Additional facts about several species further indicate the

         importance of the Monterey Bay area to seabirds. The southernmost

         relic population of the severely threatened marbled murrelet

         occupies several isolated sites in the Santa Cruz Mountains. Aho

         Nuevo Island was recently colonized by rhinoceros auklets (their

         southernmost confirmed nesting site) and contains the largest

         colony of western gulls in the region (Lewis and Tyler, 1987). The

         seacliffs of Santa Cruz and Monterey counties support more nesting

         pigeon guillemots than the Farallon Islands, which has the largest

         single colony in California.

              During spring migration, large numbers of shorebirds gather on

         the beaches. Common migrant shorebirds include sandpipers,

         turnstones, plovers, sanderlings, willets, and godwits. Many of

         these species also winter in the area in large numbers. Elkhorn
         Slough seasonally harbors over 30,000 shorebirds during migrations
         (Stenzel It al., MS). Nearly a fifth of California's breeding
         population of snowy plovers nest on the beaches in the area and
         this species is especially common in the vicinity of Pescadero,
         Marsh. In addition to  .being a candidate species for the endangered
         or threatened list, the plover is also a Species of Special Concern

         in California (Remsen, 1978).


                                         11-48









                    Sea ducks and geese use the coves along the bay for staging
               during spring migration. Aho Nuevo Bay is an important wintering
               site for Harlequin ducks (a species of Special Concern) and brant.

                         7. Turtles

                    Four species of sea turtles are found in the study area. The

               Leatherback (Dermochelip coriacea) is the most common followed by

               the Green (or Black) turtle (Cheloia myslas agassizi), the

               Loggerhead turtle (Caretta caretta) and an occasional Olive Ridley

               (LepidocheliR olivaceas). There are no sea turtle nesting areas in

               the study area. They.are mostly seen during their foraging

               activities in the summer and early fall. Most appear during the

               warmest sea temperatures (above 16 degrees C and most common above

               18 degrees C). Many of the turtles distributions seem to be

               regulated by the 16 degree C isotherm (Pers. comm., Scott Eckert,

               NOAA/NMFS, 1991).

                         8. Mgrine Mammals

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

               Monterey Bay area, including f ive species of the sub-order
               pinnipeds (seals and sea lions), one species from the sub-order
               figsipeds (the sea otter), and twenty species of the order
               cetaceans (whales and dolphins) (Table X) . Representatives of the
               order and each sub-orders in the Monterey Bay area are described

               further below.

                              a. Pinnipgds
                     Figure XX shows the principal Pinniped breeding and haulout
               areas and offshore concentrations. There are a total of 9


                                               11-49









           Table      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*                 EumatoRias jubatus                 SR
           Northern elephant seal            Mirodnaa angustirostris            SR
           Northern fur seal                 Callorhinus ursinus                ST
           Guadelope fur seal                ArctoceRhalus townsendi            ST
           Harbor seal                       Phoca vitulina                     YR


           FISSIPED:

           Southern sea otter                Enhydra lutris                     YR

           CETACEANS:

           California gray whale             Eschri ctius robustus              ST
           Blue whale                        BalaenORtera musculus              ST
           Fin whale                         Balaenoptera Rhysalus'             ST
           Minke.whale                       BalaenORtera acutorostrata         SR
           Humpback whale                    MegaRtera novaengliae              ST
           Pacific right whale               Eubalaena glacialis                ST
           Sperm whale **                    Physeter catadon                   ST
           pygmy sperm whale                 Kogia breviceps                    ST
           Baird's beaked whale              Berardius bairdi                   ST
           cuvier's beaked whale             ziRhius cavirostris                ST
           Short-finned pilot whale          GlobiceRhala macrorhynchus         ST
           Killer whale                      Orcinus orca                       ST
           False killer  whale               Pseudorc         'lens             ST
           Risso's dolphin                   Grampus griseus                    SR
           Pacific white-sided dolphin       Lagenorhynchus obliggidens         SR
           Northern right whale dolphin      Lissodelphis borealis              SR
           Dall's porpoise                   Phoccenoides dalli                 SR
           Harbor porpoise                             phocoena                 SR
           Bottlenose dolphin                Tursins truncatus                  ST
           common dolphin                    Delphinus delphis                  ST

              Endangered      Threatened













                                                                             127 OW
                                           P:.Reyes                                                             121






                                                                    San Francisco
                                      Farallones is-




                                                                   Pillar Pt.




                                                      .........
                                                  ............
                                                 ........ .... ...
                                                 . . ... ....
                                                  ...........
                                                                      Pescadero Pg.
                                                   ..........
                                                                        igeon Pg.
                                                                         Pt. AAo Nuevo
                                                                       4


                                                                                 Santa r6a







                                                                                       T:

                                                                                       Monterey
                          Significant Seal and Sea Uon                                 Pg. Labm
                          Populations In the Monterey,
                          Bay National Marine
                                                                                        Pg. Sur
                          Sanctuary Area

                                 Boundary A)Wmtv*3

                                 High Conowfttions of
                                                                                                   Loper Pg.
                                 Pinnipeds Offshme
                                 SGO.-NoV.(.4-6.41SqKm)
                          771    High Conmmokwo of                                                     C   San Manin
                                 14adw, Fur SeWs Jam-Mq
                                 (.4-1.6r*qKm)

                           (D    Pinnipeds Onshore                                                            Piedrar 8

                          0                  30
                                                  AL
                                StWe mwS
                                                                                                % -i* I - I;. i.

                                                                                                                   ...........













                       Alternative 1  Altemabve 2     ft&MaOVO 3   AlternabVe 4   AltegmatiVe 5 AftMaJiVe 6   AlternaVve 7










         rookeries/ colonies in the study area. The areas of concentration
         and principal rookeries/ colonies here estimated from Figure XX
         provided by Chabot and Associates (1991). The highest areas of
         concentration are within the southern portion of the study area

         (encompassed by boundary alternative 3). Most of the

         rookeries/colonies are within the central portion of the study area

         (boundary #2).

              The five species of pinnipeds considered common in the

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

         Northern elephant seals, Northern fur seals, and Pacific harbor

         seals. An additional species, the Guadaloupe fur seal, has been

         reported from records of sick animals stranded on the beach. One

         juvenile male was found along the shore near Fort Ord in April 1977

         (Webber and Roletto, 1987). Aho 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.

              In any season, California sea lions are the most abundant

         pinniped in the area (Bonnell 'et -al., 1983). They breed farther

         south along the coast in the summer, then migrate northward,
         reaching their greatest numbers in the Monterey Bay area in autumn.

         Sea lions haul out on offshore rocks and islands. The greatest

         numbers occur on Mo Nuevo Island, with the fall population
         reaching more than 7,000 animals. Both the haul-out sites and the
         foraging grounds are essential to the health of the species, Other
         popular haul-out sites include the offshore rocks of the outer


                                         11-50









              coast between the Monterey Peninsula and Point Sur, and the long
              breakwater of Monterey Harbor.

                   Although Aho Nuevo Island has the largest breeding population

              of Steller (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. Due to this rapid
              decline in the species NOAA published on 5 April, 1990 an emergency

              rule listing the Stellar sea lion as threatened to be followed by a

              permanent ruling. These sea lions presently breed almost

              exclusively on offshore rocks to the northwest of Aho Nuevo Island.

              The latest aerial survey (in the summer of 1985) showed the

              population to be 1,169 animals, including 328 pups (Bonnell and Le

              Boeuf, unpubl. data). The population declined to a low during the

              1983 ocean temperature anomaly (El Nifio), but recovered to pre-El

              Niho levels in 1984 and 1985. NOAA will be developing a "recovery

              plan" for this species with special attention to rookery areas such

              as Aho Nuevo.

                   Northern elephant seals breed in the winter months and then

              disperse to feed in pelagic vaters throughout the eastern North

              Pacific. A portion of the population returns to the colony later

              in the year to undergo an annual molt. Peak abundances occur on
              land in the spring when juvenile males and females haulout1to molt.
              The largest populations are on Aho Nuevo Island and the adjacent
              mainland point. The breeding population at these locations
              presently numbers about 3,500 animals (Le Boeuf, unpubl. data).
              The spring population on land exceeds 4,000 animals. Estimates


                                              11-51










         based on population structure indicate that elephant seals of the

         Aho Nuevo colony account for about 4% of the entire world

         population of this species (M.L. Bonnell, pers. comm., 1989).

              Pacific harbor seals are year-round residents in the area.

         They haul out at dozens of sites along the coast from Point Sur to

         Afto Nuevo. Peak abundance on land is reached in late spring and

         early summer when they haul out to breed, give birth to pups, and

         molt. More than 1,800 animals were counted on land in this area

         during a survey in 1982. This represents more than 11% of the

         entire state population (Bonnell, et al., 1983). A summer of 1986

         census counted 1,364 seals on only 38 of the 72 knpwn haul out

         sites in the area (Hanon, et al., 1987). Favorite haul out sites

         are isolated sandy beaches and rocky reef areas exposed at low

         tide. Harbor seals also use the estuarine habitat of Elkhorn

         Slough. A recent census of harbor seals at Elkhorn Slough sholws

         the mid-august population increasing from 40 in 1986 to 120 in 1990

         (Elkhorn Slough NERR, monitoring data, 1990).

              Northern fur seals occur in the open waters over the Monterey

         canyon in winter and spring. They feed offshore after migrating
         from the Pribilof Islands. The greatest density of animals are

         found well offshore over the continental slope in waters from 100
         to 1,000 fathoms (200 to 2,000 m) depth. Northern fur seals rarely
         haul out on land, although they are occasionally seen on Aho Nuevo
         Island. They have a declining population presently estimated at
         1.2 million animals. This species has been proposed for

         designation as a depleted species by the NOAA.


                                         11-52













                             b. Cetaceans

                  of the twenty species of.cetaceans seen in the Monterey Bay

              area (Table X), about one-third occur with frequency. Six of the

              whales are listed as endangered species: the blue, fin, humpback,

              gray, right, and sperm.   Figure XX taken from Chabot and

              Associates, (1991), shows the areas of high concentration for grey

              wales, porpoises and dolphins. Other cetaceans such as humpback

              whales, right whales, minke whales, fin whales, blue whales and

              killer whales also seasonally inhabit the waters within the study

              area. The highest concentration areas of cetaceans are within the

              southern and central portions of the study area.

                   Gray whales are seasonal migrants (Figure 13). They travel

              close to shore and are the object of most of the whale watching in

              the area. They pass through the area twice on their yearly

              migration from Alaska to Baja California where they breed and then
              return. Reilly (1984) estimated the 1980 population of gray whales

              to be 15,000 animals.
                   Blue whales have significantly increased in numbers within and
              adjacent to Monterey Bay. Once considered only a summer visitor of
              limited numbers, blue whales have become a major constituent of the
              cetacean fauna from late spring until late autumn or early winter.
              over 40 animals were counted in one day in Monterey Bay in the
              summer of 1986 (T. Dohl, pers. comm., 1989). Less than 2,000 blue
              whales exist in the eastern north Pacific (Haley, 1987). They
              migrate from northern feeding areas to waters off Baja California

              and Central America in the fall.


                                              11-53















                                                              Fx:


                                                          ... .. .....

                               )OOOC

                               )OOOC
                               )OOOC

                               )OOOC
                               )OOOC
                                                                                                a
                                                                                             San Francisco
                                                 Farallones
                                                                 4i




                                                                                           Pillar Pg.


                                                                 000C
                                                )OOOC            :000C
                                                )OOOC            '000C
                                                                 1000C----
                                                                 10000000C
                                                                 10000000C                      Peicadero Pg.
                                                                 10000000C
                                                                 10000000C                      Pigeon Pt.
                                                                 10000000C
                                                                                                   Pg. AAo Nwvo



                                                                                                               Santa Cruz
                                                                                         )LIUU
                                                                                         )0000

                                                                                         )00
                                                                                                0
                                                                                         )00         0
                                                                                                   000
                                                                                                   )OOOC*'
                                                                                                      00

                                                                                                   )OU
                                                                                                   immew.
                                                                         i 66E
                                                                               Oc                          :3)
                                                                               Oc                                         4 Navy
                                                                                                           DO
                                                                         )0 Oc                             55.
                                                                         )0       C                                      P Lobos
                           Significant Whale, Dolphin
                                                                                                   )OOOC
                           and Porpoise Populations                                                5000C
                           in the Montere                                                       .5000C
                                             y Bay National                                        )OOOC
                                                                                      00000C ...                          Pt. SUP
                           Marine Sanctuary Area                                  )0 00000C
                                                                                                                   - :X:-:r-
                                                                                                                   ..........
                                                                                  )0 0000C
                                                                                  )00       000C
                                    Boundwy Alternah%s                            ?929        00C
                                                                 )OOOC
                           r--q     High Concenvabons of         )OOOC                                     :)000(
                                                                 Y000C                                     :)000(
                           LLJ      Gray Whales Dec.-mv.         )OOOC                                          Oc                       Loopa
                                    (.05-17ISql(n)
                                                                                  3000C                                       . . . . .
                                    High Uncentrabons d                           30010C
                                    Harbw Porpoises All Yew                       30100(                                                       Cape San Martin
                                                                                  3000C
                                                                                  )OOOC
                                                                                                           :)000(
                           UO       H@h Conceftalions of                                                   00004
                                    Dolphins aid Porpoises                                                 3000(
                                                                                                           30004
                                    All Yew (8-321W)                                                       30004                                                 Blanc
                              0           15
                                                                                                                          ............



                           1*1 vmvai. v                                                                                              X
                                                                                                                   ............ ...












                           Altemative 1        Altemative 2          Altematve 3         Armmatve 4           Allemati" 5          AtWnatve 6          AlWnabve 7










                   Minke whales are one of the largest whales that feed close to

               shore within Monterey Bay. Up to 12 animals are regularly seen in

               the southern bight of the bay and south to Point Sur during summer

               (A. Baldridge, pers. comm., in Heimlich-Boran, 1988).

                   Fin whales have increased in numbers and length of stay in the

               area in recent years. This species utilizes the Monterey, Soquel,

               and Carmel canyons for feeding. They are found in greatest numbers

               at the heads of each of these canyons in depths of 200 m to 2000 m

               (T. Dohl, pers. comm. 1989).

                   Humpback whales are often seen in nearshore waters from 100 m

               to 200 m depth. Although still an endangered species, their

               numbers have increased dramatically throughout central California

               beginning in the early 19801s. At first limited to the general

               area of the Farallon basin, they are now found in coastal waters

               from Point Sur to Pillar Point from late-April to mid-December.

                   The Pacific Right whale is an extremely endangered species.
               Fewer than 200 individuals may inhabit the entire'North Pacific
               (Braham and Rice, 1984). Little is known about this species; its
               breeding areas are unknown but presumed to be on their wintering
               grounds in warmer waters. No right whales have been seen in
               Monterey Bay, but they were seen in 1986 and 1987 in the waters off
               of Half Moon Bay, north of Mo Nuevo (Scarff, 1987).
                   'Sperm whales are occasionally seen offshore at the mouthof
               the Monterey Canyon. Pilot whales, false killer whales, and two
               species of rare beaked whales have also been sighted.
                    Killer whales have been seen throughout the bay, occasionally


                                              11-54











          attacking gray wha les (Baldridge, 1972).
              Two species of porpoise are commonly found in the bay: Dall's
          porpoise and the harbor porpoise. The harbor porpoise is usually

          found over sandy bottoms just off the surf in the north central
          part of the bay. ball's porpoise is seen frequently along the edge

          of the canyon.

              Pacific white-sided dolphins, northern right whale dolphins,

          and Rissols dolphins are the most numerous cetaceans in the area.

          All three species will often travel together in a school.

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

          the bay seemingly on a year-round basis. Common dolphins are found

          all year, sometimes in schools of 400-600 animals. This species is

          normally considered a warm water animal and was once thought to

          extend north only to Point Conception. Both dolphin species have

          increased in numbers in recent years (T. Dohl, pers. comm., 1989).

                         c. FissiReds
              There are approximately 1,241 individual sea otters within the

          study area (Chabot and Associates, 1990). The range of the sea
          otters within the study area is approximately 130 square nautical
          miles (Figure XX). Since the southern portion of the study area

          includes the California Sea Otter Game Refuge, Boundary

          Alternatives 3 and 5 contain the most number of individuals and the

          greate st range within the study area.
              The California or-southern sea otter is a threatened species
          that is found throughout the shallow waters of Monterey Bay from
          Pismo Beach to Afto Nuevo Island. Sea otters inhabit a narrow zone


                                         11-55





                           38*                    123*                                                          122*                                                         121*
                                                       Point                                                                                                                               380

                                                                  %
                                                                  %
                                                                                                                                          US      -CDFG COnsas Date, 1W4
                                                                          %                                                               ',PsWDZuwn of sse ottv
                                                                  Point Bonita                                                             r7rT7!7"
                                                                     Poi    , '.            I  0aldand                                                 Q6,7
                                                       Gulf of dw        ntLobos
                                                       Fardlows                   .IIt San Francisco,                                                  11-36

                                                                                    Point San Pedro

                                                                                    Pillar Point                                                      About 232 sea
                                                                                                                                                      use this ama

                                                                                                                                    NOTE. The seaward extent of the density bands is
                                                                                                                                    illustratlve and Is not meant to imply 0* seaward
                                                                                            San Gregono                             actent of the sea otter ditribution.

                                                                                                   Plescadem
                                                                                            Pescadero Point
                                                                                            Pqeon Point
                                                                                               Pt. Aflo Nuevo      Lm@ RAw
                                               --- ------ - ---                                                           Soquel
                                            1994                                                      Davenport           Greek
                                                                                                                                                          OOW NVAbW mom
                                                                                                           Santa      r                                                                        0
                           37                                           P ------   b--AL---ahc-             cra                                                       Mift                 37
                                                                                                                          Monterey
                                                    .11981   1   ------                                                      say                           DOP& h Fobom
                                                                                                                                                                          10
                                                              o197S                                                                   Ao*o ffiver


                                                                                                                                 Moss Landing


                                                                         --------            -------
                                                                          1972                                                            Sam Piver
                                                                                                                          Mon"
                                                                                  1'1959                                Carmel
                                                                                                                                                                      AREA
                                                                                            ----------                 point                                          ENLARGED
                                                                                                                       Lobos
                                                                                            1947     ----                            cannel R&W
                                                                                                      1938


                                                                                                                             Ove Sur RAW

                                                                                                                           PWK SON
                                                                                                                                  69 Sur, mw

                                                                                                                                        9W   g- paist

                                                                                                                                              ally creat

                                                                                            I                                                 Loa Point
                                                                                                                                                                                           360
                           360
                                                                                            - --- --------------                       ----


                                                                                                                                                        cape son Martin

                                                                                                                                                              saw= CIO*


                                                                                  9- -------- - --------------                         -------                   Point PWdm Mmm
                                                                                                                                                                          son S@@
                                                                                                                                                                          COW*



                                                  1230                                                          1220                                                         121*
                                   Figure 13.      CaWorrila Sea Otter Rams of ROW EWfWm and Dbb2xdbm Rate of EVansfon                                              (1914-1984)
                                                   (Reidman, 1986) Spring D&Wbution of Sea Otters USFV4<DFG Census Dole, IM4 as provided
                                                   by Chabot and Assm










         of coastal waters, normally staying within about one mile from

         shore. They forage in both rocky and soft-sediment communities as

         well as in the kelp understory and canopy. They seldom are found
         in open waters deeper than 30 m, preferring instead the kelp beds
         which serve as vital resting, foraging, and nursery sites. Otters

         are an important part of the marine ecosystem. By foraging on

         kelp-eating macroinvertebrates (especially sea urchins) sea otters

         can, in many instances, influence the abundance and species

         composition of kelp assemblages and animals within nearshore

         communities (Riedman, 1987).

              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. By 1938, when the  public

         became aware of these remnant otters, the.total California

         population was between 100-300 animals. Between 1938 and 1976 the

         population increased at about 5 percent per year. From 1976 until

         the early 1980's, the population did not grow at all, mainly

         because of the number of otters drowning from entanglement in

         fishing nets. Since state legislation restricted the use of
         entangling nets, spring population counts may be increasing at
         about 8 percent per.year (in Saunders, 1989). However, this
         population growth rate is still much lower than the growth rates of
         sea otter populations in the Aleutian Islands. In addition to the
         entanglement in fishing nets, other possible factors for the low


                                         11-56









              population growth include illegal shooting, white shark attacks,
              pathological disorders, contamination from degraded water quality,

              starvation, and adverse weather conditions. The most recent census

              (1988) indicates a total population of fewer than 1800 animals

              (Saunders, 1989). Approximately 31 percent of this population is

              currently found in the area from Point Sur north to Aho

              Nuevo/Pigeon Point. Figure 14 shows the rate of sea otter range

              expansion from 1914 to 1984. An official state-designated Sea

              Otter Game Refuge extends from Carmel south to Santa Rosa Creek

              near Cambria, encompassing about half the otter's established

              range.










































                                              11-57










             E." Cultural and Historical Resources

             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 (BIX, 1980). Historical and

         cultural resources are defined as those areas of the marine

         environment possessing historical, cultural, archeological or

         paleontological significance, including sites, structures,

         districts, and objects significantly associated with or

         representative of earlier people, cultures, and human activities

         and events. Historical and cultural resources in the marine

         environment may generally be categorized into (a) prehistoric

         remains, (b) inundated cities, harbors, and shore installations,

         and (c) shipwrecks.

                   1. Historic sites

             The coastal lands of central California contain numerous

         archaeological sites, most of which represent Native American
         resources. There are approximately 718 reported and verified
         historic sites in the Sanctuary study area and adjacent coastal
         zone (M MS, 1990).  Recent geologic history has produced a number
         of geomorphic changes in the Monterey Bay area as a result of sea
         level change, tectonics and changing erosion and sedimentation
         rates and as a result there may be many additional undiscovered
         inundated historic and aboriginal sites within the proposed

         Sanctuary.
                   The gap in our understanding of the full historical


                                        11-58










              significance of these resources presents an exciting and fertile
              area for additional research into the history of Monterey Bay.

                   Archaeological 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). More recently, the

              Monterey Bay area is wit hin the former territory of the Costanoan

              Indians.   The Costanoan economy was a continuation of the

              dependence of previous cultures on the shoreline resources. 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. More than

              a dozen shellmounds are located on the dunes at Afto Nuevo Point and

              to the further south shellmounds are found above the rocky

              shoreline of the Monterey Peninsula.
                   According to BLM (1979) significant historic sites exist

              throughout the study area especially at urban centers, such as San
              Francisco, Santa Cruz, Monterey and Carmel. National Register

              Historic Sites exist at San Simeon Estate, and at Half Moon Bay.
              Piedra Blancas, Fort Point and Point Montara Lights are classified
              as Historic Lighthouses; and Point Pinor% and Pigeon Point Lights
              are classified as both National and California Historic Lighthouse
              Sites. Point Sur and Point Bonita Lights are classified as

              California Historic Sites.





                                               11-59













                   2, Shipwrecks

              Offshore cultural and historical resources include sunken
         ships and aircraft. An in-house study conducted by the BLX 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.

              Recently on June 24, 1990, a research submersible SEACLIFF

         discovered the wreck of the airship MACON and two of its Grumman

         Sparrowhawk fighters in approximately 1,500 feet of water off Point

         Sur. Much attention and research has been focused on the MACON in

         attempts to learn more about the wreck and determine the

         feasibility of raising parts or all of the airship and its planes.

         Within the entire study area there have been identified but

         unconfirmed reports of approximately 311 addit ional shipwrecks

         (MMS, 1990).

              The California State Lands Commission (SLC) has a computer

         .inventory of all sites identified within the Sanctuary study area.

         The SLC has an agreement with the University of California at

         Berkeley to provide further research on these sites and vessels to

         determine their historic significance (Peter Pelkofer, pers. comm.
         1990). The SLC in association with the State Historic Preservation
         officer nominates appropriate sites and vessels for listing on the

         Register.

              F. Existing Protected Areas
              Within the entire study area there are approximately 36
         existing protected areas of coastline and adjacent marine habitat


                                         11-60









              that are managed by the State of California Department of Fish and
              Game or Parks and Recreation (Table X). In addition to state
              areas, the National Park Service manages the Golden Gate National
              Recreation Area (at the northern end of the study area) and the
              National Forest Service manages the Los Padres Forest (at the
              southern end'of the study area).

                   All of these state protected areas are designated by the State
              with the intent to protect significant local resources for either

              research, education or aesthetic purposes (Table XX) (Also see
              Recreation and Tourist, and Research and Education sections below).
              A brief discussion on the types of, and management regime for, the

              protected areas follows:

                        1. State Refuges and Reserves

                   Several refuges and reserves for the protection of marine life

              have been established in the proposed sanctuary area by the

              California Department of Fish and Game. These areas fall into five

              general categories and relate to the type of resource and it's

              specific protection needs; a) ecological reserves, b) game refuges,

              c) marine life refuges, d) fish refuges, and e) marine reserves.

              The general authority exercised by the Department of Fish and Game

              within each category and within specific refuges or reserves in the

              study area is as follows:



                             a. Ecological Reserves (California Fish and Game

                             Code ï¿½ 1580 et. seg.)

                   Of the categories of refuges and reserves administered by the


                                              11-61







          Table 7.. Units of the California State Park System and.Special
                    areas managed by CDF.&G within the proposed Monterey Bay
                    National Marine Sanctuary study area.
          (Adapted after Table from R.E. Felty, Regional Director, Department
          of Parks and Recreation, Personal Communication, February, 1989)
          and Pacific Coast Ecological Inventory Maps '(Monterey and San
          Francisco), U.S. Fish and Wildlife Service, 1981, and CDF&G, pers.
          Comm, 1990.

          San Mateo County

          James V. Fitzgerald State Marine Reserve (SR and ASBS)
          Aho Nuevo (SR and ASBS)
          Bean Hollow (SB)                    Pescadero (SB)

          Santa Cruz County

          Big Basin Redwoods (SP)             Wilder Ranch (SP)
          Natural Bridges (SB)                Lighthouse Field (SB)
          Twin Lakes (SB)                     New Brighton (SB)
         .Seacliff (SB)                       Manresa (SB)
          Sunset (SB)

          Monterey County
          Elkhorn Slough National Estuarine Research Reserve (State/Federal),
          Pacific Grove Marine Gardens Fish Refuge (SF and ASBS)
          Carmel Bay Ecological Reserve (SR and ASBS)
          Point Lobos (SR and ASBS)
          Julia Pfeiffer Burns State Underwater Park (SP and ASBS)
          John Little (SR)
          Hopkins Marine Life Refuge (SF)
          California Sea Otter Game Refuge (SF)
          moss Landing (SB)                   Salinas River (SB)
          Zmudowski (SB)                      Marina (SB)
          Monterey (SB)                       Asiloser (SB)
          Carmel River (SB)                   Monterey (S")
          Pfeiffer Big Sur  (SP)              point Sur (SHP)
          Garrapata (SP)-                     Andrew Molera (SP)

          San Luis Obispo

          Salmon Creek (ASBS)
          U.C. Landels-Hill Big Creek Natural Reserve (SR)
          San Simeon (SB)

          SR = State Reserve
          sp = State Park
          SF = State Refuge
          SB = State Beach
          SHP   State Historic Park        1 Significance
          ASBS   Area of Special Biologica









               Table 12.     Restrictions on the recreational taking of
                             invertebrates in tide pools or other areas between the
                             high tide mark (California 14 Administrative Code
                             ï¿½29.05).

               abalones, chitons, clams         --must have written permit from DFG
               cockles,crabs, lobsters,           to take in State marine life
               scallops, sea urchins, and         refuges and other special
               worms                              closures

               ghost shrimp                     --must have written permit from DFG
                                                  to take anywhere other than in
                                                  State parks, underwater parks,
                                                  and national monuments and
                                                  seashores

               limpets, mussels, sand           --must have written permit from DFG
               dollars, octopi, shrimp,           to take in State marine like
               sea urchins, turban snails,        refuges, parks, beaches, recrea-
               and squid                          tion areas, underwater parks, and
                                                  national monument and seashores.











         Department of Fish and Game, ecological reserves provide the most
         comprehensive protection. Within these ecological reserves, the

         California Department of Fish and Game has the authority to

         prohibit any activity which may harm the resources, including:

         fishing, collecting, swimming, boating, low-flying aircraft, and

         public entry (14 California Administrative Code ï¿½ 630 (a)).

         General regulations provide that "no person shall disturb

         geological reserves, formations or archaeological artifacts or take

         or disturb any bird or nest, or eggs thereof, or any plant, mammal,

         fish, mollusk, crustacean ... or any other form of plant or animal

         life in an ecological reserve" (14 California Administrative Code

         ï¿½630(a)(1)). These prohibited activities may, however, be

         permitted by the Department of Fish and Game in particular reserves

         or in certain areas of particular concern pursuant to specific

         regulations.

              For example the Point Lobos Ecological Reserve includes Point

         Lobos and adjacent ocean waters. Both Point Lobos and Carmel Bay

         are protected due to the fragility of the prevalent rocky
         tidepools. The areas are also heavily used by marine mammals and
         birds. Point Lobos is a favored roosting area for the endangered
         Brown Pelican (Association of Monterey Bay Area Governments, 1978).
              Efforts to protect the resources of Point Lobos reserves,
         including 750 acres .(300 hectares) of underwater area, have been
         initiated by the California Department of Parks and Recreation
         (DPR). Because DPR lacks authority to prohibit fishing, however,
         the area was established as an ecological reserve rather than park.


                                         11-62









              The reserve is managed primarily by DPR, which maintains a large,
              on-site staff, with DFG contributing as needed to enforcement
              efforts. All fishing is prohibited within the reserve. Swimming,
              boating and other aquatic sports are permitted. Boats, however,

              may be launched and retrieved only.in designated areas and may be

              anchored only during daylight hours.

                   For another example the Carmel Bay Ecological Reserve

              encompasses ocean waters of Carmel Bay extending approximately .75

              sm (1.4 km) from the mean tide line to a line drawn across the bay

              from Granite Point to Pescadero Point. The reserve also includes

              ,the Pinnacles, a series of offshore rocks, and surrounding ocean

              waters less than 15 fathoms (28.3 meters) in depth. Carmel Bay

              marks the beginning of the California Sea Otter Refuge. The Bay is

              an important haulout and foraging area for otters and other marine

              mammals. The nearshore zone is typical kelp forest habitat, with

              the attendant abundance of marine life (Association of Monterey

              Bay Area Governments, 1978). While the DFG is primarily .

              responsible for managing the reserve, DPR enforcement personnel

              from Point Lobos Ecological Reserve patrol the Bay.

                   Sport fishing with hook and line, spear gun, or hand-held

              implements is generally permitted within the reserve. No
              invertebrates may be taken, however. Swimming, boating, surfinge
              skin, and scuba diving are all permitted. Extensive restrictions
              apply to the harvesting of kelp. If, at any time, the DFG Director
              finds that the harvesting of kelp will tend to destroy or impair
              kelp beds, or tend to destroy or impair the supply of food for fish


                                              11-63









         or wildlife, a notice that a particular kelp bed, or part of a bed,
         will be closed to the harvesting of kelp for period not to exceed

         one year, must be issued. At least 48 hours notice of the

         intention to harvest kelp within the reserve must be given the

         CDFG's regional manager. An observer of the CDFG may accompany the
         harvester. Other regulations apply to the harvesting of kelp on

         particular areas of the reserve.

                       b. Game Refuges (California Fish and Game Code

                        10500 et sea.)

              It is unlawful in general to take or possess any bird or

         mammal or part thereof, in any game refuge (California Fish and

         Game Code ï¿½ 10500). In addition, the use or possession of any

         firearm, bow and arrow, or any trap or other contrivance designed

         to be or capable of being used to take birds or mammals is

         prohibited within a game refuge (California Fish and Game Code

         ï¿½10500). The Department of Fish and Game has complete authority to

         exercise control over all mammals other than marine mammals and

         birds in any game refuge, including the authority to issue permits

         for their taking (California Fish and Game Code ï¿½10502). In
         navigable water areas of game refuges, however, general regulations

         do not prohibit the taking of birds or mammals.

              For example, the California Sea Otter Game Refuge covers
         portions of Monterey and San Luis Obispo Counties between the
         Carmel River on the north and the Santa Rosa Creek on the south,
         which lie west of California Highway No. 1 (California Fish and
         Game Code ï¿½10840). The refuge excludes coastal waters. It is the


                                        11-64











              largest refuge in the state covering 86 nm (160 km) of coastline in

              Monterey County and 30 nm (56 km) in San Luis Obispo County

              (Association of Monterey Bay Area Governments, 1978). Within its

              boundaries are several state parks and reserves, including Point

              Lobos Ecological Reserve and the Julia Pfeiffer Burns State Park,

              and the entire Big Sur coastline.

                   The refuge was primarily created to protect the threatened

              California Sea Otter, but it also protects important habitat for

              numerous marine birds and mammals (Association of Monterey Bay Area

              Governments, 1978). In addition to the general regulations

              described above, it is unlawful to fly any aircraft less than 1000

              feet above the refuge. Lawful occupants of private lands located

              within the refuge may take otherwise unprotected birds and mammals
              on such lands without 'a permit.

                             c. Marine Life Refuges (California Fish and Game

                             Code ï¿½10500(f)]

                   It is unlawful in a marine life refuge to take or possess any

              invertebrate or specimen of marine plant life. Such refuges are
              generally established to promote research activities.
                   For example, the Hopkins Marine Life Refuge includes ocean
              waters extending 1000 feet from the mean high tide line adjacent to
              the eastern part of the city of Pacific Grove at the southern end
              of Monterey Bay (California Fish and Game Code ï¿½10901). Both the
              Hopkins and the Pacific Grove Marine Gardens Fish Refuge (see
              below) are established principally to protect the richness and
              sensitivity of the rocky intertidal ecology. The most important


                                              11-65










         feature of both areas is the number of small rocky islands in the
         nearshore area, which provide resting and nesting places for
         marine birds and mammals, particularly the California Sea Otter.
         Associated with these rocky areas are dense beds of giant kelp
         (Association of Monterey Bay Area Governments, 1978). While the
         taking of invertebrates and marine plant life specimens is

         generally prohibited, officers, employees, students, and licensees
         of Stanford University and 'Ehe University of California are

         permitted to do so for scientific purposes without a permit.



                        d. Fish Refuge [California Fish and Game Code

                        ï¿½10500(c)]

              The taking and possession of fish or amphibia and the use and

         possession of any contrivance designed to be used for catching fish-

         are generally prohibited in a fish refuge.

              For example, the Pacific Grove Marine Gardens Fish Refuge

         includes ocean waters of Monterey Bay to a depth of 60 ft. (18.1 m)

         measured from mean low tide adjacent to the City of Pacific Grove.

         Its western and eastern boundaries correspond to extensions of the

         western and eastern corporate limits of the city. The Hopkins

         Marine Life Refuge falls within the boundaries of the fish refuge

         (California Fish and Game Code ï¿½ 10801).
              For management purposes the refuge is divided into two areas
         applying different regulations for the taking of fish in each area.
         In the western half of the refuge, abalone and sea urchin may be
         taken commercially, except that the area may be closed if it is


                                         11-66









               determined that the depletion of these species will endanger the
               balance of marine life. Fish, other than mollusks and crustaceans,

               may be taken throughout the refuge pursuant to a sport fishing

               license. In addition, marine life may be taken for scientific

               purposes pursuant to an appropriate permit. Finally, sardines,

               mackerel, anchovies, squid, and herring may be taken by net or bait

               in both areas of the refuge.

                              e. Marin e Reserves

                   Marine Reserves are established by the Department of Fish and

               Game for a wide variety of purposes and, thus, no general

               regulations exist. Rather specific regulations for each reserve

               are designed to protect the unique forms of marine life peculiar to

               it.

                   For example the Kfio Nuevo State Reserve consists of mainland

               areas on Aho Nuevo Point, ocean waters stretching 100 ft. (30.4 m)

               from the low tide mark adjacent to those areas, and Afto Nuevo

               Island. The reserve is managed by the State Department of Parks

               and Recreation, due to the large numbers of visitors it receives.

               The entire area of the reserve is owned by the state. The basic
               purpose for its establishment is to encourage the reintroduction o.f
               pinniped populations and to protect them from -human disturbance.
                    Regulations prohibit the taking of invertebrates on the
               mainland shore between the high tide mark and 100 feet beyond the
               low tide mark (14 California Administrative Code ï¿½ 29-05(b)(3)].
               In addition, it is unlawful to fly aircraft less than 1,000 feet
               above the land and water area of the reserve (California Fish and


                                               11-67











         Game Code ï¿½10501.5).
              Regional Water Quality Control Boards (RWQCBs) are responsible
         for integrating Areas of Special Biological Significance (ASBS)
         designations into their area wide basin plans, which outline waste

         discharge prohibitions and restrictions. A routine ASBS

         reconnaissance survey conducted by the State Water Resources

         Control Board (SWRCB) provides RWQCBs with detailed resource
         information as well as data on existing or future uses that are apt

         to threaten ASBS environmental quality. ASBS surveillance and

         monitoring by RWQCBs ensure's compliance with discharge regulations

         in the broader context of basin wide enforcement. -Should either an

         actual discharge violation or a threat thereof b6come apparent, the

         regional board is empowered with specific administrative procedures

         and remedies to enforce compliance (see California Water Code,

         Section 13300).

              The following ASBSs have been designated within the study

         .arda:

         (1) Aho Nuevo Point and Island: This ASBS includes ocean waters

         extending 3 nm (5.6 km) from the mean high tide line on the

         mainland coast bounded on the north by a line extending southwest

         from the San Mateo-Santa Cruz County line. The ASBS thus covers a

         considerably larger area than the Aho Nuevo State Reserve.
         (2) Pacific Grove Marine Gardens Fish Refuge and Hopkins Marine
         Life Refuge: This ASBS includes ocean waters contained within the

         Pacific Grove Marine Gardens Fish Refuge (see above).
         (3) Carmel Bay: This ASBS includes waters contained within the


                                         11-68










            Carmel Bay Ecological Reserve (see above).

            (4) Point Lobos Ecological Reserve: This ASBS includes ocean

            waters contained within the Point Lobos Ecological Reserve (see

            above).

            (5) Julia Pfeiffer Burns Underwater Park: This ASBS includes

            ocean waters contained within the Julia Pfeiffer Burns Underwater

            Park (see below) .

            (6) ocean Area Surrounding the Mouth of the Salmon Creek: This

            ASBS includes ocean waters extending from the mean high tide line

            to the 100-foot isobath or 1000 feet offshore, whichever is greater

            between the Monterey-S.an Luis Obispo County line and a point

            approximately five miles north. This is the only ASBS in the study

            area that does not correspond to a state refuge, reserve, or

            underwater park. It was established primarily to protect fragile

            rocky intertidal and kelp forest habitat.



                      2. State Historic Parks (California Public Resources

                      Code ï¿½5020.4)
                 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 (see Section on Historic

            Resources above for nominated sites).
                 The commission also recommends state registration of sites as


                                            11-69









       landmarks and points of interest to the Public Resources Department
       which is responsible for maintenance of registered sites
       (California Public Resources Code ï¿½5020.4). Registration as a
       point of interest is normally accompanied by the placement of
       informational signs. Landmarks, along with properties listed on
       the National Register and city or county registers or inventories,
       become eligible for qualified historic property status for which

       special protection may be afforded (California Public Resources

       Code ï¿½5031). At present, no sites within the study area have been

       registered as either landmarks or points of interest.

                 3. California State Park System and Beaches

            The California Department of Parks and Recreation is

       responsible for managing State Parks and Beaches for their

       recreational and aesthetic value (Table X). However, 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 has established an Underwater

       Parks Program.

            For example, Point Lobos Ecological Reserve, the first

       underwater park in the United States, was established in 1960. As

       described above, while the DPR manages the reserve, it is operated

       under the legal authority of the Fish and Game Code.
            Julia Pfeiffer Burns State Park, on the other hand, is both
       owned and operated by the DPR. The underwater park contains 2.6 nm
       (4.9 km) of coastline and adjacent ocean waters and submerged lands


                                      11-70










            between Partington Point and McWay Rock Falls. It is managed in

            conjunction with the adjacent land-based park. There are no

            regulations on recreational activities. Instead, visitation is

            controlled by a permit system; and permits are usually only given

            to clubs with an experienced diving master. Several other

            locations are currently under consideration for designation as

            underwater parks. These include expansions of Point Lobos and

            Julia Pfeiffer Burns and new parks at Aho Nuevo State Reserve,

            .Wilder Ranch State Park and Cannery Row.









































                                            11-71












        III. Section: Human Activities

            A. Fishincr

                  1. Commercial Fishing

            The Monterey Bay area has a large and economically important
        commercial fishing industry. The major commercial fishing ports
        are Princeton, Santa Cruz, Moss Landing and Monterey. Table XX,
        derived from California Department of Fish and Game statistics,

        shows a summary of the poundage and ex-vessel value (greater than

        $20,000) of landings of some of the commercial species at the four

        major ports in the study area. In 1987, a total of over 34 million

        pounds of fish with an ex-vessel value of almost $15 million was

        landed at Moss Landing, Monterey, Santa Cruz and Princeton.

        Salinas processes fish landed primarily at Monterey. The retail

        value of the fish to the local economy is worth two to three times

        that of the ex-vessel value.   The diversity of the commercial

        catch is shown by the number of different species or species groups

        landed at each port: 89 at Monterey,'69 at Moss Landing, 59 at

        Santa Cruz, and 71 at Princeton. These statistics also include

        shrimp, crab, octopus, squid, eels, lobster, abalone, and sea

        urchins.

             There are five main types of commercial fisheries in the

        Monterey Bay area: 1) a troll (book-and-line) fishery for salmon

        and albacore, 2) a trawl fishery for the various species of
        rockfish and flatfish, 3) a gill and trammel net fishery for
        California halibut, rockfish, and white croaker, 4) a roundhaul and
        lampara net fishery for squid, anchovy, and herring and 5) a trap


                                       11-72







                                                  -Summary of Poundage and Value (over $20,000 only) of Fisheries Data for the Ports of Santa
                              Table                        Cruz, Moss Landing, and Monterey (Including processing facilities at Salinas),
                                                           CDF&G, 1987, and for the Port of Princeton, CDF&G, 1989.

                                     Common                Santa Cruz                              Moss Landing                                 Monterey                               Princeton
                                   Fish Name                   Pounds               Value                Pounds               Value             Pounds                 Value               Pounds              Value
                                        Salmon                 193,085             5659070             276,218              793,564             236,520              658,754             878,624            92,007,603

                                  Rockfish (ALL)               56,317              32,651            3,257,030           1,052,225              2,675.657          1,029,657             832,704             360,010
                                      Swordfish                34,558         1    136,771              96,129              381,664             '262,441           1,019,270

                                         Squid                                                       4,056,560              381,905             8,312,730            843,392

                                     Sole (All)                                                      1,717,164              541,                261,855              105,296             963,278             430.096
                                         Tuna                  50,583         1    39,203            1,195,167              868.427             97,779               69.410
                                      Sablefish                               1                        613,360              182,953             258,867              57,979              350,902             169,345
                                   Col. Halibut                50,769         1    113,524                                                 1    39ff@ _ 1            86,054         1      19,672        1     53,582
                                  White Croaker                               1                        215,161              68,004              81,350               20,857              331,265             118,420

                                       Linac6d                                                         171,660              57.856              139.675              52,762              266,455             121,048

                                      Mackerel                                                                                                  2,546,110            144,693
                                       Sandab                                                           75,593        1     24,366                                                       645,762             196,691
                                        Shark           1      14,669         1    21,660                                                       87,531               86,591

                                      Anchovy                                                                                                   1,153,530            75,077

                                                  - - --------- ---------------------------
                                    Rock Crab                                                                                                                                              17,083              19,087

                              Dungeness           Crab                                                                                                                                   276,374             478,472

                                      Abalone                                                                                                                                            127,249             511,189

                                                                                                                                                                                         ------ -- - -- --
                                       Urchin                                                                                                                                            72 5  7  00         222,524
                                - ----------  Ot-her    1- -1-0-1,046- 1 --- 1-01,299         ----- I ---- 508,927--f-80--.047               ----- 2-90-.767         134.010           ----- 223.702           83,863
                                        Total           1 500,991             J_T@_009,236_1 12,182,969] 4,438,335                            16,444,484          4,383,842- 1 5,658,770                 1  4,841,930
                                                                                                                                                                                                                     096




                                                                                                                                                                                                                     345
                                                                                                                                                                                                                   '5a @2

                                                                                                                                                                                                                        7
                                                                                                                                                                                                                      7 @2










       fishery for dungeness and rock crab. Figures XX and XX show the
       location of primary commercial fishing areas and types of gear

       utilized.

            There are approximately 6 to 15 gill-net boats; 8 trawlers
       using a mixture of otter trawls and roller trawls; and one to three
       trap boats participating in the commercial fishery off Monterey Bay
       (Personal Communication, Marine Resources Division, Monterey Bay

       area, CDF&G, March 1990).

                 2. Mariculture

            There are presently eleven mariculture operations within the

       area. Silverking Oceanic Farms in Davenport operates a silver and

       king salmon hatchery. Up to one million fish may be released to

       the ocean annually. These fish mature in the ocean with about two

       to three percent of them eventually returning to the farms to spawn

       where they are harvested  for sale. This company is planning to

       raise Atlantic salmon in pens for eventual sale.

            Pacific Mariculture  is involved in research to determine the

       feasibility of culturing  abalone for sale to restaurants and

       markets. It is now completing research and development at the Long

       Marine Laboratory and recently received approval from Santa Cruz

       County for production of abalone.
            Pacific Mariculture is the only bivalve mollusc hatchery in
       California. It produ  ces oyster and clam seed for grow-out to other

       growers.
            There are two inactive oyster leases (Danny Burns Shellfish
       and Monterey Bay Marine Farm) which are limited in their operations


                                       11-73









                        3
                           0                  1230                                                         1220
                         8                                                                                                                                             1210
                                                  Point I
                                                        Q                                                                                                                            38
                                                                                                                                                 LEGEND


                                       F                         ntgwita,
                                                                                                                                              Rodfth
                                                                                          Oakland                                                (So - 1000 fathoms)
                                        Shoa                 .0 Poin
                                                          tw ..      t
                                                  GuIYof                        San Francisco
                                                                                                                                              Dowsole
                                                                                                                                                 P 0 - 706 fathoms)

                                                                                                                                              English Soje
                                                                               Point San Pedro                                                   (30 - 300 fathoms)
                                                                          if,
                                                                               Pillar Point                                                   Sable Fish
                                                                                                                                                    -700f
                                                                                                                                                 (30       athoms)

                                                                                                                                              HSIAwjt
                                                                                       San Gregorio
                                                                                                                                                 (5 - SO fa dwms)

                                                                                                                                              Haabut*
                                                                                              Pescadero Creek
                                                                                                                                                 (5 so fathom)
                                                                                     Pescadero Point
                                                                                        Igeon Point
                                                                                                                                -ExPerimental Program under pernitt
                                                                                                                                  from CDF&G.
                                                                                          Pt Alh Nuevo
                                                                                                                    SOW
                                                                                                                    Creek
                                                                                                 Davenport

                                                                                                      Sente                                                Naliftli WIMP
                       37                                                                             Cruz
                                                                                                                                                                                    37
                                                                                                                   Aftn"                                        man
                                                                                                                      Bay                                  VI
                                                                                                                                pajoro NW



                                                                                                                          Moss Landing



                                                                                                                                     SAWRIver
                                                                                                                    Monterey
                                                                                                  A,              Caffnel
                                                                                                                                                                AREA
                                                                                                                 point
                                                                                                                                                               ENLARGED
                                                                                                                 Lobos         Camid Rhw




                                                                                                                     Mtge






                                                                                                                                             cpm*


                                                                                                                                        Low Point
                      36                                                                                                                                                            360


                                                                                                                                                 Cape San Martin

                                                                                               A
                                                                                                                                                       Sakilon CIO*

                                                                                                             IF      .. ......
                                                                                                                                                           point 1114" Bknw

                                                                                                                                                                    San Skneon


                                                                                                                                                                       Co"


                                             1230                                                          122*                                                        1210

                              Pqure 14.       TravA    Fishery. Atlas of Marine Resources for Central Calffomia, Central Coest Regional Studes
                                              Program August 1990-







               0                 1230                                                         122"
           38              ......  -                                                                                                                    121*
                          y*:::::,_-*:; gt                                                                                                                             3p,
                                                    A                                                                             UW"D

                               ---------------
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                          F                     Point Bonita
                                      ------------------                          rid                                             (0 - 100 flethoins)
                            Kai
                                                       t
                                                                  Son Frandsco
                                                                                                                                RoddWAJngcod H&L
                                                                                                                                  (50 - ISO fathoms)

                                                      X ... . . . .T
                                    . .. . . . . . .. . . . . . .
                                        ..... ............                                                                      Crab naps
                                                                  Point San Pedro                                                        fadiom)

                                                                  PM. Pd
                                                                          rrt                                                   GAWO
                                                                                                                                  (50 - ISO fathoms)

                             Y,  Y,                                                                                             Sampalb TMp & Longom
                                                                          San Gregorio
                                                                                                                                  (300 - M ft&,om)

                                                             ... .                                                              Squid
                                                                                 Peraderc Creek
                                                                                                                                    3 milm from wait)
                                                                        Pescadiero Point
                                                                          Pigeon Point
                                                                                                                    MwW restrictions aWly. Ck* Reg. AIL for
                                                                                                                    Fishft Piestrictions a Regulations)
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                                                                                                        Soqud
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               0                                                                         Santa
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                                                                                              4 AM&       say
                                                                                .......... I.... - -
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                                                                                                                   Elkhom Sough
                                                                                              -A
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                                                                                                    _. 9w              Salinas River
                                                                                                       MonbM
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                                                                                                      Point
                                                                                                      ;L;@                                        ENLARGED
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                                                                                                                 Camw PAW



                                                                                                          LitasurAlbw

                                                                                                        Fbirit Sur
                                                                                                      OA      Sfg Sur Nw



                                                                                                                           Ng crest


                                                                                                                           Lcpaftw
           3
               0
             6                                                                                                                                                         36*


                                                                                                                                    Cap Son Martin

                                                                                                                                          Sail"OnCreek
                                                                                                                                            In POO"












































                                                                                                                                                ft Fie"       M
                                                                                                                                             PO   t7w     Mar


                                                                                              1220                                                       121'0








             because of water quality problems in the Elkhorn Slough growing

             waters.

                  Sea Life Supply raises sea hares (a species of nudibranch or
             sea slug) in grow-out pens near the mouth of Elkhorn.Slough. They
             are used for neurophysiological research.
                  Until recently, Ocean Genetics, Inc. operated an algae

             research farm where a variety of forms of algae were grown for
             chemical extracts, such a-s agar and medicinal materials. A new

             company, Quantify, Inc., was recently started and is presently
             raising algae using Long Marine Laboratory water to produce

             phycobiliproteins.

                  Granite Canyon Marine Laboratory of the California Department

             of Fish and Game is actively involved in aquaculture research. It

             is presently studying the feasibility of abalone aquaculture and

             planning some form of marine finfish aquAculture.

                  Until 1988, Aquaculture Enterprises, Inc. operated a lobster

             hatchery and grow-out. Most research involved hybrid development

             to maximizegrowth rates. Some lobsters were sold to market.

                  Abalone West and Pacific Abalone Farms are each involved in

             red abalone research and development.

                       3. KelR Harvesting
                  Kelp is harvested commercially for alginate extraction.
             KELCO, a San Diego based company has harvested Macrosystis Rvrifera
             (Giant kelp) since 197 6. KELCO harvests once a year and sometimes
             twice depending upon seasonal growing conditions. Almost all of
             the harvesting is done with a 4 to 5 miles area between Point Sur


                                             11-74









        and Pfeiffer Point. Approximately 5,000 tons of kelp (wet weight)
        are harvested a year from the.study area compared with
        approximately 151,000 tons of kelp (wet weight) harvested in 1990
        from all of California, (primarily in southern California).      KELCO
        uses 3 harvesting vessels, two of 400 wet ton capacity and one of

        600 wet ton capacity.

               Kelp is also harvested as food for abalone by four small

        aquaculture facilities (Foster, pers. comm., 1989). These

        companies use small vessels, less than 30 feet, and together

        harvest approximately 500 tons/yr.



             B. Hydrocarbon and Mineral Activities

                  1. oil and Gas

             Activities in the Central California Planning area began n

        1963 when the first Federal OCS oil and gas lease sale resulted in

        the acceptance of bids for 29 tracts.in the area off San Francisco.

        Twelve exploratory wells were drilled but no development occurred

        and all leases were relinquished in mid-1968.

             The Minerals Management Service, within the U.S. Department of
        interior, is authorized to prepare and implement 5-year plans, which
        identify the federal waters to be opened for offshore oil drilling.
        The Monterey Bay Sanctuary study area lies within the central
        California planning region (pigure xx). MMS estimates that the
        high case conditional mean estimate of the undiscovered,
        economically recoverable oil resource for the entire Central
        California Planning area is 530 million barrels and 920 billion


                                         11-75










             cubic feet of gas (Cooke and Dellagiarino, in press). Conditional

             mean values for oil resource within the proposed Sanctuary study

             area is 370 million barrels and 580 cubic feet of gas (MMS Pacific

             Regional Office, 1991). (Conditional mean estimates for all

             proposed boundary alternatives are provided in Figure X). The

             first lease sale scheduled for the Central California region was

             Lease Sale #119 which was subsequently canceled in 1990.

                 The latest draft proposal Comprehensive Program for OCS

             Natural Gas and Oil Resource Management considars only studies and

             no leasing in the Central California area through 1997. Approval

             of this proposal is due in Mid-1992. Future 5-Year Plans may

             consider leasing other geographical areas within the central
             California planning area that may contain additional hydrocarbon


             resources.

                 The current Federal Lease Sale process, which takes up to two
             years, includes public hearings, environmental studies, and

             recommendations from the Governor.
                  President Bush in July, 1990 declared that OCS activities
             within the proposed boundaries (Boundary Alternative #2, of
             approximately 2,539 square nautical miles) of the Monterey Bay
             National Marin e Sanctuary would be permanently prohibited. All
             state waters off central California have been designated by the
             State as an oil and gas sanctuary (Sections 6871.1 and 6871.2 Of
             the California Public Resources Code). No oil and gas leasing is
             permitted within this three-mile state limit.
                  The six central California coastal counties (Monterey, Santa


                                            11-76







                                      123*                                                          1220                                                                  0
            380             y 7-710                                                                                                                                 121
                                          Point                                                                                                                                    380
                                          R"
                                                                                                                                            UW%FXD
                                                                                                                                        High 09 and Gas PoftntW
                                                     point Bon% it.
                                                                3                  Oakland
                                          Guffoftf*     Point Lobos
                                          Fmalmes                       San Francisco                                                   Anm Conddwwd for ofthoro
                                           Abdm sonamy                                                                                  Oil L"ft In the now
                                                                                                                                        canoWbd Lease sale a 19
                                                                                                                                        (Aludins a Ab94 1 go
                                                                        Point San Pedro


                                                                        Pillar Point




                                                                               Son Gregorio


                                  .......                                              Amodero Creek
                                                                             PeKadero Point
                                                          .. .....              Pigeon Point
                                                                                  Pt. Aflo Nuevo       Lorenzo Rhow
                                                                                                               so IqIt
                                                                                               SWU                                              902d "NOW left
            37                                                                                                                                  a 1                                   0
                                                                                                                                                                                   37
                                                                  ......                        Cruz                                            m amift man
                                                                                                       JL% monow
                                                                                                                  hy
                                                     ION
                                                                                                                            ft*o mW
                                                                                                                            Elkhorn Sough

                                                                                                                     mosunding



                                                                                                                                Sallne Mm
                                                                                                               Montmey
                                                                                                            Camw
                                                                                                            point                                           AREA I
                                      P Upomed        bw HNIOW                                              Lobos         CA-Mel PAfar                       ENLARGED
                                           OL&ONIRIBOURN
                                                          mm
                                      ALTOW"TWAMA                       OL       am                               L"asurRhW

                                                                                                                Point Sur
                                            BID pwd "a pdt                                                             a
                                I                    mdoo               a         110                                    Isamw
                                                     P= P4"d                                                         N      ftthkgtg.PdMt
                                                                                                                                    mg CIO*
                                3     Poscom cW*I*c4pftm                II0       "a
                                      =00e*-*Wn*W)                                                                                  Lqm POW
            360                       WdftFamkm                                                                                                                                    36*
                                4           fm Pw&m%n ftt               NO

                                                                                                                                          Absked Plod
                                5     3WWvmvvcW&%                                 III                                                        cape so Martin

                                      PW=dmC0W*%PWa VIX P4*t            41        3
                                      (I Xo mm- -01cid "da)

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                                          -------                       a         110                                                                                  1
                                      A7.;@.-;mWAcId ff do*                                                                                                      Son Sbmm
                             Aft"OWNIVA low
                                      TF
















































                                      123"                                                          122*                                                            1210

                    RgUM I L POUNdW ON and GOS D6vd0PmM In 00 Vkk*Y Of *0 MW*WQy Bay'










             Cruz, San Mateo, San Francisco, Marin, and Sonoma) are
             cooperatively sponsoring a Central Coast Counties OCS Regional
             Studies Program to identify and assess the implications of

             potential offshore oil development in the Central Coast area.

                       2.  Sand Minincr

                 Sand for commercial use has been dredged in the bay area for

             the last 70 years (Clark and Osborne, 1982). Deposits in the

             southern part of the bay, below the high tide line, are presently

             being mined by the Monterey Sand Company. This company operates

             sand extraction plants in Marina and Sand City. About 150,000

             cubic yards of sand have been extracted every year since 1978, from

             the surf zone and ocean. The Monterey Sand Company has applied to

             the Department of the Army, Army Corps of Engineers, for

             authorization to continue its sand extraction activities of 150,000

             cubic yards annually for a ten year period.

                  Lone Star Industries, Inc. operates a facility at Marina which
             dredges approximately 200,000 cyds./yr. of san from'an inland pond

            ..at the rear of the beach which is presisma ly naturally resupplied

             with coarse beach sand during high tides. Prior to 1987, Lone Star
             mined between 50,000 and 100,000 cyds./yr. at an additional

             facility in Sand City.

                  C. Vessel Traffic, Harbors and Dredging

                       1. Vessel Traffic

                            a. Commercial ShipRing
                  Almost 9,000 commercial vessels (excluding domestic fishing
             craft) entered and exited the San Francisco Bay entrance in 1988


                                             11-77









       (Table X). Of these vessels approximately 4,500 vessels, including
       foreign flag vessels transit south through the study area to and
       from San Francisco. The majority of these southern vessels were

       passenger and dry cargo vessels. Just under 25% of the vessels

       moving to and from San Francisco to the south, and through the

       Sanctuary study area, were tankers of medium size (draft less than

       50 feet). In contrast tankers approaching and exiting San
       Francisco to the north contain a large proportion (approx. 5%) of

       large tankers (draft greater than 50 feet).

            Most of the commercial shipping along the coast follows

       customary north-south shipping lanes., Tankers 16aded with oil from

       Alaska pass along the central coast of California approximately 85

       nautical miles offshore from Point Sur and those bound for the Los

       Angeles area turn to the east at a point about 100 nautical miles

       southwest of Point Sur and then gradually approach the entrances to

       the Santa Barbara Channel (U.S. Coast Guard, 1983). Vessels travel

       in approximately a straight line between the end of the Santa

       Barbara Channel Traffic Separation Scheme (TSS) and the San
       Francisco Bay entrance TSS (Texaco, 1989, in CMC, 1991) (Figure

       XX). These vessels would therefore travel within 10 to 15 miles of

       Point Sur. Approximately 27% of vessel traffic are within 0-5

       miles; 36% within 6-10 miles; 17% within 11-15 miles and; 20% over

       16 miles off headlands (CMC, 1991).
            The U.S. Coast Guard proposed to establish a routing system
       that amended the San Francisco Traffic Separation Scheme (TSS) and

       the Santa Barbara Channel TSS and linked them with a Shipping


                                       11-78












                                                                                                            TRIPS AND DRAFTS OF VESSELS

                   HARBOR OR WATERWAY                                                                                            DIRECTION                                                                           DIRECTION
                                                                                          SELF PROMUO VESSELS                 MON-SELF   OFELLED                             SELF FROPMtO VESSELS                00001 SILF FROPILLID
                                                                                                                                   YES ELS                                                                             VESSELS
                                    DRAFT (FEET)                                   PASSENGER                   TOWBOAT                                   TOTAL         PA351POGER                   TOWBOAT                                  TOTAL
                                                                                          0       TAMK(R         OR        DRY CARGO       TANKCR                          AND         TAMXCR        OR        DRY CARGO  I    TANSCR
                                                                                  DRY                          TUGBOAT                I                               DRY CARGO                     TUGGOAT

                  SAN    FRANCISCO SAY E4TRANCEP CALIF,                                                                             MOUND                                                                           0011ASOUND
                         10                                                                                 50                                                   so
                         49                                                                                 1                                                       1
                         4467                                                                               2                                                       2
                         416                                                                                41                                                                                 Is,                                                   to
                            5                                                                                                                                       4
                         44   . . . . . . . . . . . .                                                       Is                                                   18                            4
                         43   - - - - - - - - - - -                                                                                                                                                                                                    a
                                                                                                                                                                                                                                                       6
                         42   -         - - - - - - - - - - -                                               26                                                   26              3             5
                         41   - - - - - - - - - - - -                                        1              26,                                                  27                            9                                                     to
                         41                                                               13                7                                                    20              16            20                                                    36
                         39                                                               10                31                                                   at            20              3,                                                    sl
                         36   . . . . . . . . . . . . . . .                               36                83                                                  119            40              83                                                  123
                         37   . . . . . . . . . . . . . . ..                                                17                                                   SAI             6             30                                                    79
                                                                                          37
                         3b   - - - - - - - - - - - - - - -                               62                17                                                   99            ;4              2s                                                    79
                         35   - - - - - - - - - - - - - - -                               69                28          1                                        98            90              16                                                  to?
                         34   - - - - - - - - - - - -                  o -     -          110               to                                                  126          167               19                                                  166
                         33   -  - - - - - - - - - - - --- -                              172,              30                                                  202          172               36                                                  206
                                                                                          180               41                                                  2al          ISO               47                                                  227
                                                                                          Iss               3b                                                  191          174               71                                                  2sl
                                                                                                            49
                         1310                            . . . . . . .
                                                                                          202                                                                   asi          226               97                                                  323
                         29   - - - - - - - - - - - - - - -                               216               41                                                  2S9          is?               47                                                  204
                                                                                                            6
                         26   . . . . . . . . . . . . . . .                               166                                                                   247          173               sy                                                  230
                         27   . . .     0  . . . . . . . .             &   .   .          254               38                                                  292          20a               so                                                  240
                         26   . . . . . . . . . . . . . . .                               211               35                                                  24b          200               37                                                  216
                         25   - - - - - - - - - - - - - -                                 210               30                                   1?             257          111               35           1                       sa             261
                         24   - - - - - - - - - - - -                  o   -              151               -,7                                                 194          119               32                                                  ast
                         2S   - - - - - - - - - - - - - - -                               105               24          1                                       130          111               24                                                  144
                         22   - - - - - - - - - - - - - - -                               93                24          1                          a            119          110               24           .2                                     136
                         21   . . . . . . . . . . . . . . .                               66                19          1                                        Be            72              19           2                          Is            99
                         20   . . . . . . . . . . . . . . .                               66                31          b           13           20             156            89              31           12          It          29             172
                         19   . . . . . 0         . . . . . . . . .                       so                '0          s           it                           16            41              It           s             r            1             6s
                         18   AND LESS- 0         . . . . . . . . .                       10?          131          297           151          las              833          141           Its           269          156           94             19S
                                   TOTAL   . . . . . . . . . . .                      21786        IFOOI            312           ils          184           up4se        217as            997           512          176           184          4,4114






            380                    -123*                                                          122'0                                                          1210
                                                                                                                                                                                3
                                        Point

                                          %       %                                                                                       LEGEND

                                                                                                                           -------          San FraWsw v@ssW
                                                    Point E@@it@                                                          - - - - - - -     Traft Scher"S
                             F              1%1%             1. '.               Oakland
                             Shoa       Guffof  I      Point Lobos
                                        Farafiorm                      San Francisco                                                      0-5ftWks        270A
                                                                                                                                      b. 6-IOmfles        3696
                                                                                                                                      C. 11 - 15 MOM      17VA
                     %                                                                                                                d 16+ MAN           200A
                                                         I    %  1.0
                                                         I            Point San Pedro


                                                                      Pillar Point




                                                                             San Gregorio
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                                                                            PeKadem Point
                                                                              Pigeon Point
                                                                                 Pt. Aft Nuevo S     LorenaD Rhw
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            37                                                                           1"   CAN              by                             Dom h Fermom                     37*
                                                   two                                                                   ft*o Nwr                            .00
                                                                                                                         Erb'"" SOU0

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                                                                                                                             SN&M mw


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                                                                                                          Point                                           AREA
                                                                                                                                                          ENLARGED



                                                                                                                U& Sur MW

                                                                                                             Point Sur




                                                                                                                                     Point




                                                                                                                                       pairs
            360                                                                                                                                                                360


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                                                                                                                                                          Ovet


                                                                                                                                                          "OdIrm r"m
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                                                                                                                                                                 Cwnb&
                                                                                                                                                    MOM\ 1
                                   1230                                                           1220                                                           121*










             Safety Fairway (SSF). The proposal is currently on hold as the

             U.S. Coast Guard responds to comments on the proposal.

                 Some commercial shipping vessels enter Monterey Bay. In 1986,

             a total of 5 vessels offloaded at either Monterey Harbor or Moss

             Landing Harbor (U.S. Army Corps of Engineers, 1986). Until 1982,

             tankers delivered oil products to Pacific Gas and Electric's (PG&E)

             power generating plant at Moss Landing. The plant burns natural

             gas as its primary source and has the capability of burning either

             gas or oil.  From 1982 to 1989 the plant returned to burning gas

             and is now using oil for its fuel source.

                 PG&E uses a permitted marine terminal for'offloading oil from

             50,000 DWT tankers. PG&E was denied permission to construct an

             offshore marine terminal for off-loading oil from 90,000 DWT

             tankers.

                 oil tanker traffic may increase in the future depending on
             whether any OCS lease sales occur in the area and whether ii is
             determined preferable to transport oil by pipeline versus by
             tanker. However, maintenance and supply vessels for the offshore
             platforms would cause an increase in small vessel traffic in the

             area.




                            b. Commercial Fishing Vessels
                  Numerous commercial fishing vessels, including kelp harvesting
             boats, use the Monterey Bay area and many are based at one of the
             four harbors in the area. (For a discussion on numbers and types
             of fishing vessels see above under Fishing).


                                            11-79













                      c. Research Vessels

            The numerous marine research facilities in the area conduct
        frequent surveys and experiments from specially equipped research
        vessels. Research includes collecting biological samples to
        communication with submarines and guidance of Remotely Operated
        Vehicles (ROVs). Research vessels may also conduct seismic surveys

        of the ocean floor to determine sub-seafloor geologic features.

                      d. Recreational Boating

            Recreational boating in California is popular in the more

        sheltered environments of San Francisco Bay and around the Channel

        Islands of southern California. However, recreational fishing is

        an important use of the central California area and whale-watching

        trips are growing in popularity.

            Also, an annual speed-boat race for charity occurs across the

        mouth of Monterey Bay with boats reaching speeds of over 100 mph.

        Charter boats on the way to fishing grounds or nature-viewing areas

        can also reach speeds in excess of 25 knots.

                  2. Harbors

                       a. Princeton/Pillar Point Harbor

             San Mateo County Harbor District operates the Pillar Point

        Harbor in Princeton. It is the base for a large commercial fishing
        fleet, particularly salmon fishing vessels from all of California,

        as well as numerous small recreational boats. The harbor

        facilities include: 3@9 berths, 60 percent for commercial and 40
        percent for recreational vessels; a fuel dock; a 100 ton ice
        facility; and a new 6 lane sport-fishing boat launch. Three


                                       11-80








             commercial fish buyers are based in the port. A fishing pier and
             Johnson Pier provid e recreational land-based fishing opportunities.
             Two outer breakwaters built in the 1960s and two more recent inner
             breakwaters built in 1984 provide excellent protection to the

             moored vessels.


                            b. Santa Cruz Harbor

                  The City of Santa Cruz established in 1950 a special zone
             within the City limits for the harbor district, governed by a board
             of commissioners. Berths exist for 215 commercial fishing vessels

             and 759 recreational boats. The recreational use of this harbor is
             very high and it is not unusual to have 30 percent use of the slips
             during the weekends.

                            c. Moss Landing Harbor

                  The Moss Landing Harbor was created by  special legislation in

             1947 designating the Moss Landing Harbor District a political

             subdivision of the State of California (California General Laws

             ï¿½5118). it consists of the harbor entrance, north and south

             harbors and Elkhorn Slough. The northern harbor is used primarily

             by recreational boats with 110 berths available. The southern

             harbor is used primarily by commercial vessels (approximately 2/3)

             with 488 berths available. The entrance is protected by two

             parallel jetties approximately 600 feet apart.     Recently there is

             a proposal to extend,the northern harbor by dredging tidal-mudflats

             to the north of existing berths.

                            d. Monterey Harbor
                  Monterey Harbor has had a long history of development and


                                             11-81





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                                                                                                                                                                              All.
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                               so;, 000                                       W,      xr                                                                121
                                                   ,4 77@101                                                                       Nautical Mile
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             activity since the late 1700s. It was used by English and Russian

             ships that stopped for supplies and trade while on pelt and whale

             oil expeditions. It is owned and operated by the City of Monterey

             and has two wharves and two boat launch ramps. Commercial

             fishermen use 175 of the 425 available berths at the marina. An

             additional 150 moorings are available in open water between the

             breakwater and the two wharves.

                       3. Dredging

                 Periodic dredging of sediments is required at Santa Cruz, Moss

             Landing and Monterey harbors to provide access to boaters as well
             as for safety concerns. The boat harbor of Santa Cruz is dredged

             annually removing 100,000 to 130,000 cubic yards of sand. Moss

             Landing harbor requires dredging every two to three years and about
             50,000 cubic yards of material are removed a year. Monterey harbor
             only requires minor mai ntenance with removal of approximately 2,000

             cubic yards of material (primarily sand) each year.
                  Princeton Harbor does not yet conduct any dredging operations

             but may need to do so in the future.
                  The entrance way to the Golden Gate within the northern
             portion of the study area also requires dredging to maintain the
             ship channel in and out of San Francisco Bay at a project depth of

             55 feet.

                       4. Dredge-Dispos
                  Most dredge material from Monterey and Santa Cruz dredging is
             composed of clean sand and is currently used for beach nourishment
             by being pumped directly to beaches east and south of the harbors.


                                             11-82









             Two offshore sites are presently being used for dredged
         material disposal from Moss Landing harbor (Figure xx). Disposal
         of dredged material has occurred intermittently off the end of

         Sandholdt Pier at Moss Landing about 400 feet from shore since 1947
         (Disposal Site SF-12). When dredge spoils do not meet disposal
         criteria for beach nourishment, they must be taken by barge to a
         deep water disposal site near the head of the submarine canyon
         (Disposal Site SF-14) or to an appropriate land-based disposal

         site.

             A Long-Term Management Study (LTMS) is underway by the EPA and
         .Corps of Engineers to determine a location for the disposal of 400

         million cubic yards-of dredge material from San Fkancisco Bay and

         its entrance channel over a fifty year period. One of the five

         sites under consideration is currently used for the disposal of

         approximately one million cyds./yr. of sand that is dredged from

         the entrance channel and disposed of at a site approximately two

         nmi. due south (Figure XX).



              D. Discharges, Deposits and Non-Dredge Material Dump Sites

                   1. Point Source Discharges
              Appendix D provides a detailed breakdown of magnitude and
         effluent composition of point-source discharges by facility

         directly into the ocean and in adjacent watersheds.
              There are eight municipal and two industrial sources of
         discharges which empty directly into the ocean of the Monterey Bay,
         area study area (Figure XX): Within the preferred boundary


                                        11-83






                         380                    1230                                                        1220                                                         1210
                                                    Point                                                                                                                             3r
                                                   R"
                                                                                                                                                  UGMD
                                                                                                                                       1. RichmorW-Suraw WWTF
                                                                                                                    N                    (San Frandsop)
                                         Ian                   Point Bonit@
                                         S 01
                                          h  a                                                   rid                                   2- Daly City WWTF
                                                    Gwy 0 A                       San Franosco                                         I PJcffla WWTF
                                                                                                                                       't Haff NMI Bay WWTF
                                                                                     2                                                 S. Santa Cruz WWrF
                                                                                                                                       6 WaftOnW110 WWTF
                                                                                            3                                          7a. PG&E IndurMal
                                                                                                                                       7b. PG&E Indaftl (Eftorn Sbugh)
                                                                           I      Point San Pedro                                      & Madb@al Ro*waWw IrduoUl
                                                                           1                                                           -9 MontwW Maglonal WWTF
                                                                                                                                       10. Madna VAVFF
                                                                                  Pillar Point                                         11. Carmel WWTF
                                                                            1%
                                  ,4                           8.2                          4                                          A. San Frarx*w Bay Maki
                                                                                                                                         Ship Chwinei Dump Mew
                                                                                                                                al-B.S.  Rupowd Dumlaftes for
                                                                                        San Gregorio                                     Long-Term Mlanagement
                                                                                                                                         Smaw for San ftndRo Bay
                                                      x                                                                                C. Mb=LancftDw*&WSF-12
                                                                                               Peradero Creek
                                                                                      PeKadero Point                                   D. Ai- LaxMV Dumpsft SF-14
                                     BA                                                                                                X Apprcix Locadw of
                                                 y                                      Pigeon Point                                     LISS 1AVEFEWDENa
                                                                                            Pt. Aflo Nuevo San         River           Y Dbused Eq*&W Dwriping Area
                                                                                       %-,% %    Daveril)od           Creek
                                                                                            %%        Santa                  5
                        370                                                                 - :@. -    Cruz                                                                          370
                                                                                  r                                               6                        $%am man
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                                         It tiew-an nkettziona 2M Mwnn IM" MnAA ehAft 1MM-- FPA Raiicinn IX 1991: Alf)AA 1-M)









         alternative #2, there are four municipal dischargers: 1) Santa Cruz
         Wastewater Treatment Facility; 2) Watsonville Wastewater Treatment
         Facility; 3) the Monterey Regional Water Pollution Control Agency
         (MRWPCA) consisting of the cities of Castroville, Monterey,
         Salinas, Seaside and Fort Ord (and Marina by 1992) and the 4)
         Carmel Sanitary District at Pacific Grove. The two industrial

         dischargers within the preferred boundary are the 1) Pacific Gas

         and Electric power plant at Moss Landing, and 2) the National

         Refractories plant at Moss Landing.

             Point source wastewater treatment plants and industrial

         discharges are major sources of pollutants in the northern and

         central areas (Figure XX).  The PG&E plant discharges the vast

         majority of the total wastewater into the central area although the

         magnitude of pollutants associated with this discharge is small.

             The Carmel Sanitary District, and the Monterey regional water

         sewage system.treat wastes to a secondary level. The Monterey Bay

         regional water sewage system located to the north of Marina, and

         managed by the MRWPCA, has been operational since February, 1990.
         The treatment plant replaces small treatment plants at Monterey-,-
         Seaside, Fort Ord, Salinas, and Castroville (Marina.will tie into

         this regional system at a later date, probably in 1992). The
         outfall associated with the new system receives the collective
         wastes from the five 'small treatment plants mentioned above. A 40%

         increase in capacity was planned into this regional system to
         handle the anticipated regional growth in population through at
         least 2005. The present population of 544,000 peo ple in Monterey


                                        11-84







                      Total Wastewater, by Hydrologic Unit and County, Discharged Into Areas Adjacei
                    to the Monterey Bay N              ational Marine Sanctuary Study Areas, by Source, circa 19

                                0@


                         300 -000





                    CL
                         200  - 000

                    z
                    0

                    .j

                                                                                                             105

                    z
                    0                                                                           81
                         loo-
                                                                                    56

                                                                           33                                    30
                                  13  16                               6                                                     is
                                                                                0                                    0 0 za 0 0              0
                                          0 -2
                                                *'00-LA 0 0        0
                            0
                                                                                                                          Now
                               NASTEWATER     DIRECT       POWER '      URBAN    ' CKPLAM        FOREST     PAMAE       'RFWATION- LIPSTREAM
                               TREATMENT     INDUSTRIAL    PLANTS       RUNOFF      RUNOFF       RUNOFF    'ANDRA"       XTURN      SOLWES
                                PLANTS       DISCHARGE                                                       RUNOFF      FLOW
                                                                         WASTEWATER SOURCE
                                 0 NORTHERN STUDY AREA                      0 CENTRAL STUDY AREA                  0   SOUTHERN STUDY AREA
                                   Note: Power plants discharge large VOIUM03 of wastewater as a result of cooling water requirements. HowevOt.
                                   the mass of pollutants discharged trom power plants is generally small.
                                               Source: National Coastal Pollutant Discharge Inventory, Office of'OcQan Resource
                                               Conservation and Assessment National Ocean Service, Rockville, Mafyland.








               and Santa Cruz counties is projected to increase to 755,000 by the
               year 2005 (AMBAG, 1987).
                    The City of Santa Cruz is using two ocean outfall pipelines to
               dispose of treated sewage                The main outfall pipeline
               is 12,250 feet in length, in about 110 feet of water and one mile
               from shore. A secondary outfall pipe is used inly during peak wet
               weather flows. This is the city's original ocean outfall pipe and
               it is only 2000 feet in- length. The City WWTP is being improved
               and upgraded to treat sewage to a secondary level and by the Fall
               of 1990 was 75 percent complete.
                    The City of Watsonville also discharges-primary sewage
               directly into Monterey Bay. Watsonville recently received a waiver
               postponing secondary treatment of their sewage. This permit will

               allow Watsonville to continue discharging primary treated sewage

               for another 5 years.

                    The PG&E plant discharges primarily cooling water at an

               elevated temperature and National Refractories discharges seawater

               with an altered ionic composition after removing magnesium.

                    In addition, numerous dischargers witbLin the watersheds

               adjacent to the Monterey Bay study area, discharge into rivers and

               tributaries that eventually flow into the Sanctuary waters- Fbr

               example, the cities. of Gilroy and Morgan Hill, located outside the

               coastal counties, have adopted a Long Term Wastewater Management
               Plan to provide wastewater treatment and disposal capacity to
               accommodate the projected growth of the two cities. The
               Environmental Impact  Report (EIR) for this project was challenged


                                               11-85









            and after revising the EIR to satisfy the issues raised a decision
            was reached in March 1991 to certify the EIR. The cities are now
            proceeding in three phases with the development of the discharge
            project. The first phase is the design for expansion of the
            existing plant to a secondary treatment level with nitrogen removal
            to 10 mg/l. The discharge of 7.1 million gallons per day will be
            disposed of entirely on land. Construction of the expansion is
            planned for 1992 and operation in 1994. Throughout these phases
            the Cities will continue studies and research to assist with plans
            for discharge to the Pajaro River during the winter months (Ross,

            pers. comm., April, 1990).

                 All major point-source municipal dischargers into the ocean

            and adjacent to the Monterey Bay study area are required to obtain

            a National Pollutant Discharge Elimination System (NPDES) permit

            that contains terms and conditions requiring monitoring of effluent

            to ensure water quality standards are maintained. For example, the

            City of Santa Cruz performs over $150,000 ocean monitoring annually

            an d analyzes 100 parameters with set limits on 28.

                 Two desalination projects are proposed for the Monterey Bay
            areaIto provide an alternative source of freshwater supply to the
            surrounding communities. Both projects are still in their planning
            phases and no locations or magnitudes of discharge have yet been

            determined.

                      2. Non-Point Source Disc argds
                 Non-point source discharges includes runoff from urban#
            cropland, forest and pasture and range sources as well as


                                            11-86









            irrigation return flow and upstream sources. Non-point source
            discharges is the major source of pollution to the entire Monterey
            Bay area (Figure XX). Only natural forest runoff contributes non-
            point source pollution to the southern portion of the study area
            and this is negligible when compared to the magnitude of pollutants
            entering the entire study area. For a detailed breakdown and

            comparison of pollutant input from point and non-point sources into

            the different regions of the study area see Appendix D.

                  By far the greatest pesticide loading occurs in Monterey

            County reflecting the extensive, highly productive agricultural

            activities of Salinas Valley (Ficjure.XX).

                 Another source of non-point source pollution is the garbage

            generated and disposed of by ships during their ocean voyages as

            well as by smaller boats in harbors and marinas. Because of past

            studies by the National Academy of Sciences and by the U.S. Coast

            Guard, ports are now required und er Annex V of MARPOL, to provide

            reception facilities for vessel wastes garbage. Thus "ports of

            call" receive wastes that were traditionally disposed of in the


            ocean.






                       3. Desalination Plant Discharges
                 Desalination plants can be used to purify seawaterf brackish
            ground water., or treated waste water. With the recent drought in
            California, coupled with escalating population growth and water
            delivery problems central coastal areas including Monterey Bayl are


                                            11-87








          AGRICULTURAL PESTICIDE USE IN COUNTIES ADJACENT TO THE PROPOSED MONTEREY BAY NATIONAL MARINE SANCTUARY]



                                                                    Marin

                                                                                                                            Totw Pesticides Applied
                                                                                       rancisco                                  Pounds per Year
                                                                                                                            1:1  0 to 14073
                                                                                                                            E3   14073 to 34690
                                                                                m
                                                                                                                            El   34590 to 62993
                                                                                                                                 62993 to 561,500
                                                                                ........... Sam'.
                                                                                                                                 561500 to S623S4




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

























                                              PESTICKW USE By 0OUtfry CIRCA IN7
                                           Morftrey BaY National Manne Sanctuary ft* At"


               COUNTY               Herbicide         Inseckide          Furgicide          Nelmocide           TarAL
                                  (Lbs!@Mlied) .     (Lbs Applied) -    (Lbs Applied) .   (Lbs Appkd)        (Lbe AmMed)

          MARIN                            7,760                   0                   0                0              7,7W
          SAN FRANCISCO                         0                  a                   0                0                  0
          SAN MATEO                        4,750             13,41W              2=0                    0            20.386
          SAN BENITO                       34,828            161016              9.796                  0            azom
          SANTA CLARA                      23.786              8.126             2,590                  0            34=
          SANTA CRUZ                       4,996             27M7                2,415                  a            34A"
          MONTEREY                        149,966           321.054             91,334                  0            SOZ354
          SAN LUIS OBISPO                  31,632            24,944              6,770                  10           M356

                               Source: Nadonal C4a$W Pollutant Discharp Invonkq, Olke of Ocean
                                        raw Canservalion " Aseswrwit, NaloriW Ocean Servim.
                                 RD&Ae. marywd.




            AUp data prftmtvd by Snw& Envkorm,@n&WAsms&wntDh4Abn. ON= of Ocean Resources Cowrvadon andAssessment.
                                                      Alstonal Ocean Seryke Rocinoft. Mnq*Lnd











             considering the construction of desalination facilities.

                 While it is a proven and effective technology that has been

             widely used in the Middle East and in the Caribbean, the

             desalination of seawater has not been attempted until now in the

             continental United States. This has been primarily due to the high

             costs associated with seawater desalination compared to other

             sources of drinking water. The United States has over 1000 small

             plants that desalinate brackish groundwater. Although used

             principally for industrial uses, many plants provide drinking

             water, especially in Florida, where ground water must be treated

             before use.

                 The first sea water desalination plant in the United States

             was opened by the U.S. Navy on San Nicholas Island in late 1990. A

             second facility, to be operated by the Southern California Edison,

             is scheduled to open on Santa Catalina Island this year. The Navy

             unit will produce fresh water at a cost of $1,625 per acre-foot

             (AF=325,851 gals.), which is substantially cheaper than the cost of

             barging water to the island.
                  A number of technologies have been developed for desalination,
             including vapor compression, ion exchange, electrodialysis,
             distillation, and reverse osmosis. Two of these technologies,
             distillation and reverse osmosis (R/0) are being considered for

             seawater desalination.in California. Plants can be built as
             separate units or in combination with electricity generating
             plants, where the waste heat is used for the desalination process.
             In distillation, water is heated until it is turned into steam and


                                             11-88









        the salt and other contaminates are left behind. When the steam is
        condensed it becomes very pure water, In reverse osmosis, the
        seawater is passed through a thin plastic membrane with pores so
        small they only allow water molecules to penetrate.

             While approximately 65 percent of all desalinated water

        worldwide is produced by distillation, virtually all of the U.S.

        plants are based on reverse osmosis, including those on San
        Nicholas Island and Santa Catalina Island. An emergency plant

        proposed to be built at Santa Barbara, California in late 1991,

        will be a reverse osmosis facility. The high costs of reverse

        osmosis facilities are for the production and maintenance of the

        sophisticated plastic membranes and for powering the pumps that

        provide the high pressures necessary to force water through the

        filters.

             An advantage of reverse osmosis is that the operation requires

        about 50 percent less energy than distillation, and the feed water

        does not have to be heated. Another advantage of the R/O plants is

        @that they take up less area than distillation plants and can be

        rapidly assembled in small modular units. The fouling of R/O

        membranes is the most serious disadvantage, as the plants must be

        @shut down when they are cleaned or replaced.
             In the Monterey Bay area, there is one existing industrial
        desalination operation and several proposals for producing drinking
        water from desalinated'seawater. Exhaust steam from the Pacific
        Gas and Electric Company power plant at Moss Landing is used in the
        mechanical Vapor Compressor Evaporator desalination unit. The


                                        11-89








             plant, which was licensed before  1950, produces 480 AF/year
             (475,000 gals/day) of I ppm product water, which is used in the

             power plant turbines.

                  The Sterling Hotel/ Conference Center in Sand City was
             approved by Sand City in 1985 but was denied by the California
             coastal Commission that same year, in part, because of a
             discrepancy between the proposed water use and the Land Use Plan's
             allocation of water. A revised proposal was submitted that
             included a much lower level of water use, which would still exceed
             that allowed by LUP, but the excess water would be provided by a
             desalination plant. The plant would utilize reverse osmosis and

             would produce 20 AF/year (18,000 gpd). The intake water would be

             taken from a ground well. The project is still under review by the

             Coastal Commission.

                  In February 1991, the Monterey Peninsula Water Management

             Board contracted for a study to investigate seven different sites

             for the feasibility and costs of a desalination plant. In April

             1991, Boyle engineering reported to the board that the most

             promising location for a desalination plant to serve the Peninsula

             was the Marina site of the Monterey Regional Water Pollution

             Control Agency. The second ranked site was the most landing PG&E

             power plant and the third most promising site was the abandoned

             Monterey waste water treatment plant across from the Naval
             Postgraduate School on'a beach owned by the Marina Water District.
                  Although the Marina site appears to be the best location, it

             would need a new intake pipe from Monterey Bay for feed water.


                                             11-90









        Another drawback for the two top-ranked sites is that eight br
        fifteen miles of connecting line would have to be constructed,
        respectively, to tie a plant into Cal-Am Water Co's northern most

        water mains.

             The site that is ultimately selected for the 3 million
        gallon/day plant will dictate to a certain extent the technology
        that is used. The favored Marina Regional plant could probably use
        reverse osmosis or distillation. The Moss Landing site might be

        best suited for a hybrid plant combining R/O and distillation.

        PG&E is doing an independent assessment of the Moss Landing

        location and is expected to complete a report in late spring.

        Regardless of the site selected, the District would have to get

        permits from up to seven different federal agencies, seven state

        agencies, three county agencies and two city departments.

             In addition to the Monterey Peninsula Water Management

        District's proposal, the Marina Water District has contracted for a

        feasibility study of desalination plants, either inland or along

        the coast. They propose to build a plant that would produce 1,000

        AF/year (0.9 million gpd), which would supply approximately 1/3 of
        the water needs of the City of Marina. The plant would most likely

        use reverse osmosis technology. If the plant is built on the coast,

        the preferred site would be at Marina's waste water treatment
        plant, located just to. the south of the regional Water Pollution

        Control plant.
             The Monterey Bay Aquarium is planning to build a reverse
        osmosis desalination unit on site to provide water for their


                                        11-91









             toilets. The unit would produce a maximum of 48 AF/year (43,000
             gpd), but, the average production is estimated to be about 24

             AF/year (21,500 gpd). The quality of the water produced would be

             about 400 ppm, and would cost $1,800/AF. The brine would be mixed
             with the seawater used in the aquarium before it is discharged.

             Proponents of Monterra Ranch, a housing subdivision planned
             alongside the Monterey-Salinas Highway, have also applied to

             Monterey County for permits to build their own desalination plant.

                       4. Non-Dredge Material Dump Sites

                 There are three military areas used, (either currently or in
             the past), for the disposal of explosives and wastes (Figure XX)..
                 First, part of an inactive explosive dumping ground occurs in

             the northern portion of the study area. Second, also in the

             northern portion of the study area, lie the remains of the USS

             INDEPENDENCE. This was a small aircraft carrier used as a target

             ship during the Bikini Atoll atomic bomb tests in 1947. It was sunk

             as a target during testing of aerial and undersea weapons off of

             Central California in 1951. Third, the dunes and adjacent ocean

             waters off of Fort Ord contain many spent rounds of ammunition

             fired by the army during practice drills at target ranges on the

             dunes. Many rounds missed the targets and ended up in the dunes or
             in the ocean where the steel-jackets of the bullets erode leaving
             behind a lead core. -Finally, limited studies at the Fort Ord site
             itself, show both soil and groundwater are contaminated from the

             storage of hazardous wastes on-site.
                  Groundwater movement, surface water runoff and erosion of the


                                             11-92









        dunes provide pathways for the discharges and deposits on-site to
        enter the central portion of the Sanctuary study area.



             E. Military Activity

             Throughout the study area there are numerous areas of military
        activity representing all branches of the armed forces (Figure XX).

             There are two military activity areas within Monterey Bay
        itself. The U.S. Army administers a restricted firing range impact
        area extending 8,000 yards offshore from its Fort Ord military
        installation (with more strict limits extending 5,000 yds

        offshore). Its purpose is to provide a safety buffer for the

        public against stray rounds from the small arms firing ranges.

        Activities are prohibited in the restricted area on days when the

        ranges are being used. This danger zone is also utilized for Navy

        mine warfare operations from February 16 through July 31 each year.

             The U.S. Navy has an operating area in the northeast section

        of the Bay that can be used for mine sweeping pract:ice maneuvers.

        Minehunting training is conducted by Navy minesweeping ships in

        this section of Monterey Bay eight times a year and each exercise

        lasts about one week. Inert metal shapes are placed (or moored) on

        the bay floor and are located only by sonar; nothing is dragged
        through the water during these training exercises and all"objects
        are recovered after completion (Capt. Larson, Pers. Comm., August,

        1989).
             on occasion the U.S. Marines practice amphibious landings on

        the beaches adjacent to these two areas.


                                         11-93








                                           1230
                      380                                                                       122"                                                   1210
                                    V         Point                                                                                                                38ii--
                                                                                                                                  LEGEND
                                                        Point BoInlita,                                N
                                                                 0 ;              Oakland                              OPeratingAma
                                              GU#Ofd* PointLobos                                                  2  V21 Sj&nwW Submwfne,
                                                               .    I    San Frandsw                                   OPemtlng Area
                                              Faralonies    2i, I
                                                          ...........                                             I  V3'Subnwyed Subnwtft*
                                                                                                                       OPefatingAma
                                                                                                                  4. AbvW Cpmra",&W
                                                                                                                  I  AnWaj7dAI4vyfte9*WAm
                                                                        Point San Peth                            6. San Randm Warning Arw 28S AV-2af)
                                                                                                                  7. Padft Mlswle ftnge
                                                        . . . . . . .   Pillar Point




                                                                               San Gregono
                                                                                     Awadem Owk
                                                                             Pemmdem Point
                                                                               Ageon Point
                                                                                 ft AM Nuevo              wow

                                                                                       Davevort
                                                                                           Sanlim
                      37                                                                    %Jug                                        6
                                                                                                                                     on                           3r
                                                                                                           fty                        one In pwbo"








                                                                                                                       Salinas fum


                                                                                                      point                                    AREA
                                                                                                      Lobos       CarmefNwer                     ENLARGED



                                                                                                          %WSW



                                                                                   - - ----------
                                                                                                      A             ftdngWA Aft



                                                                                                                                Point
                     36                                                                                                                                           36


                                                                                                                                  cap San Martin

                                                                                                                                        sm(mon Creek


                                                                                                                                           Pakt Fkdras Blarm


                                                                                                                                                   Cmek
                                                                                                                                . .......             Cambria


                                         123*                                                  122'                                                  121"

                            Figure 20. Military Trairiging Areas In MBINMS Study Area.









             The northern portion of the study area overlaps with portions,
        or entire areas, of submerged submarine operating areas. During
        torpedo practice firing, all vessels are cautioned to keep clear of
        Naval Target Vessels flying a large red flag from the highest

        masthead.

             A Warning Area (W-285) exists to the west of the proposed

        Sanctuary and overlaps the western boundary of the study area

        (approximately 992 square nautical miles). It is in frequent use

        for both air and surface training -- 700 scheduled uses occur per

        month (Capt. Larson, Pers. Comm., August, 1989). Among specific

        activities in the area is the expenditure of smoke markers,

        sonobuoys.and ordnance.

             A military air training route (IR-207) exists across the

        proposed Sanctuary starting from between Carmel and Monterey and

        proceeding northwest. It is used exclusively for air navigation at

        an altitude of 3000 feet above mean sea level with approximately 30

        flights per month (Capt. Larson, Pers. Comm., August, 1989).

             Finally, the southern portion of the study area overlaps with

        a small corner of the Pacific Missile Range.

             F. Research and Education

             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 thirteen research and/or education

        programs in the entire study area (Figure zz).
             The Hopkins Marine Station of Stanford University is located


                                        11-94






                                               123*                                                              122*                                                             121"           380
                       38*                         -A
                                                     Point
                                                     Reyes                                                                                                LEGEND

                                                                                                                                        1.     Aho Nuevo State Resew
                                                                                                                                        Z      Long Marine Lab
                                                                Point Bonibta                         rid                               3.     Elkhorn Slough National Estuarine
                                                                    Point Lobos                                                                Research Resew
                                                     Gulf of the                    San Francisco                                       4.     Moss Landing Marine Lab
                                                     Farallones                                                                         S.     Naval Postgraduate School
                                                                                                                                        6.     MontoWBayAquaftm
                                                                                                                                        ;F     AfonMW Bay Aquarium Rewrch
                                                                               i    Point San Pedro                                            Institute
                                                                                                                                        &      Hopkins Afaft M**w
                                                                                                                                        9.     NOAA's Center for ocean AMOIS
                                                                                    Pillar Point                                               & Pmdkdw
                                                                                                                                        10.    Pt Lobos Ecological Reserve
                                                                                                                                        11.    Granite Canyon Marine Lab
                                                                                                                                        12.    U.C. Landells-Hill Aig Creek Reserve
                                                                                             San Gregorio                               11     U-s F.W.S. Riesearch StaWn at
                                                                                                                                               Pt Piedras fhnm
                                                                                                      Pescadm Cheei
                                                                                           pescadero Point
                                                                                         %%   Pigeon Point       son          Rkw
                                                                                                Pt Allo Nuevo
                                                                                                                             Soqud
                                                                                             "" N1%    Davenvort              Creek                                                                37*
                         37

                                                                  low
                                                                                                        2

                                                                                                                                     Moss Ure"



                                                                               6                                            Carrnel            9                             AM
                                                                                         7                                  Point                                             ENLUGED
                                                                                                   8                        UAW                ca"I'le(mmer

                                                                                                                                   &I* Sur &W
                                                                                                10                              POW %K


                                                                                                                                               fttieow ftint
                                                                                                                                               %     xg Ofsk
                                                                                                                                                     Wpapow                                          360
                           360                                                                                                                              RI*Wftd
                                                                                                                             12                                 C*q so Martin
                                                                                                                                                                      Seimonovsk


                                                                                                                                                                          p"Ple"Mencas
                                                                                                                                                                                          I       -
                                                                                                                                                  13
                                                                                                                                                                                       CAII&II
                                                     1230                                                             122*                                                             12le
                                     Figuix 21. ROWrCh and E&W.StW FWMW in tW M*UeM Bay Area.









        in Pacific Grove. The main research effort is in using intertidal
        organisms.to study cellular and developmental biology, immunology,
        and neurobiology. Research is also conducted on the ecology of the
        rocky intertidal zone of the Hopkins Marine Life Refuge located

        offshore of the laboratory.

             The Naval Postgraduate School is operated by the U.S. Navy in

        Monterey. Research is conducted exclusively on physical

        oceanography. The school shares access to the research vessel

        maintained by Moss Landing Laboratories.

             NOAA's Center for Ocean Analysis and Prediction, located in

        Monterey, adjacent to numerous State facilities, assists in the

        distribution of NOAA's ocean and atmospheric data to local users at

        universities as well as other State and Federal agencies.

             Moss Landing Marine Laboratories of San Jose State University

        conducts research in many fields, e.g., oceanography, geology,

        invertebrates, ichthyology, marine algae, and marine mammal and

        seabird behavior.    The Laboratory facilities, located at Moss

        Landing, were destroyed in the recent Loma Prieta earthquake.
        Their activities are being continued at a temporary location in

        Salinas. The Laboratories operate the R/V Point Sur for research

        cruises.

             The Elkhorn Slough National Estuarine Research Reserve (NERR),
        managed in partnership between the Federal Government (NOAA's
        Sanctuaries and Reserves Division) and California's Department of
        Fish and Game, is one of eighteen such sites in the Nationwide KERR
        system. Elkhorn Slough NERR is managed to provide a natural


                                        11-95











             outdoor laboratory setting that attracts researchers from all

            .-fields of oceanography an d limnology.   Information gained from the

             research is provided to local, state and Federal decision-makers to

             assist in the management of the Nation's coastal zone.

                   In addition, trained volunteers as well as CDF&G staff lead

             interpretive walks through Elkhorn Slough NERR trails on the

             Reserve showing the diverse habitats and organisms of a productive

             salt-marsh ecosystem.

                   The Long Marine Laboratories and the Institute of Marine

             Sciences of the University of California at Santa Cruz conducts

             research on cetaceans, pinnipeds (especially at Afto Nuevo), sea.

             otters, invertebrates, and plankton.

                   Granite Canyon Marine Laboratory of the California Department

             of Fish and Game is located on the Big Sur coast. In addition to

             its involvement in mariculture research, it is presently conducting
             two large studies in marine toxicology. The Marine Bioassay
             Project is developing sensitive tests using marine species for
             evaluating the toxicity of municipa I/ industrial effluents. The Oil
             Spill Cleanup Agent or Dispersant Toxicity Project is evaluating
             the toxicity and toxicological properties of oil spill dispersant,.
             utilizing sensitive marine life forms (Michael Martin, pers. comm.,

             1989).
                   The Monterey Bay.Aquarium is operated by a non-profit
             foundation, and not only displays some of the best marine aquarium
             facilities in the world but also conducts a variety of research
             through their Research Division. Research is primarily focused on


                                               11-96









         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
         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).

             The University of California Landels-Hill Big creek Reserve in

         Big Sur, south of Julia Pfeiffer Burns State Park is part of a

         UNESCO international Biosphere Reserve, and protects and manages

         the lower portion of the 25 square mile Big Creek watershed.

         Limited research and educational programs are provided at the

         facility. The staff is now considering establishment of a

         permanent ecological refuge analogous to that at Point Lobos or the-,

         Bodega Marine Laboratory.

             Finally, the U.S. Fish and Wildlife Service maintains a small

         research station at Point Peidras Blancas and conducts frequent

         surveys of sea otters and seabirds that concentrate at Point

         Piedras Blancas.

             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


                                        11-97









            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 Afto 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.

                 The soon to be completed Stanton Center will provide a new

            major Maritime and History Center in Monterey. The Stanton Center

            will house priceless historical artifacts, interesting and

            informative exhibits, history film and heritage education programs
            -for both children and adults and in general increase the public's
            awareness of the importance of this Nation's maritime heritage.

                 G. Land Use

                 The majority of land adjacent to the Sanctuary study area is
            undeveloped forest and range land although large areas are used for
            @agriculture in the central portion of the study area (Figure XX).
            The southern portion of the study area is composed entirely of
            undeveloped range and forest land including the Los Padres National
            Forest. Major urban 'centers are found in the central portion of
            the study area at Monterey, Moss Landing and Santa Cruz. To the
            north, Princeton, Pacifica and portions of San Francisco lie

            adjacent to the coast.


                                             11-98


















                                LAND USE FOR COASTAL WATERSHEDS, BY
                               COUNTY, ADJACENT TO WATERS CONSIDERED
                          FOR THE MONTEREY BAY NATIONAL MARINE SANCTUARY

                     2500-




                     2000  -00



                ui   1500 -00


                Lu
                cc
                           000
                     1000-





                           00
                       500-




                                       ,A
                         0-
                             uReAN    AGRiCULTURE  PANGE      FOREST   WETLANDS
                        NORTHERN AREA          CENTRAL AREA          SOUTHERN AREA
                S                                                         b Lind D
                ,cxoce Sued on US. GwbowW SuwY L&WUmUWCs*w DW 88", awA Ign - 'M- WSW L WUm a's Aw
                NaWnWcowta#P*NuwtDtsdwWktawyCountesdawb@ tmL&woWE"wwwWAs"m"*,DM,*m
                olficq ol oc9an Rosowws Ccnswvadw &V AusswwtK NagwW OMM Swl"*. Amftft, MOM.




                                                                                     LAND USE BY COUNTY AND U.S. GEOLOGICAL SURVEY CATALOGUE UNIT ADJACENT TO WATERS
                                                                                                          CONSIDEREPTOR THE MONTEREY SAY NATIONAL. MARINE SANCTUARY
                                                                                                                                                                                                                                                 :X.
                                                                                                                                                       .. ..          ........
                                              .......                                                                                                                                                                                                                                                ......
                                                             AREA                CATALOGUE UNIT                                   COUNTY                              URBAN    AGRICULTURE                      RANGE              FOREST               WETLANDS
                                                                                                                                                                                                                                                                                  TOTALS
                                                                                                                                                                                                 (LAND USE IS IN SQUARE MILES)
                                                                                                                                                                                                                                                         .......    .. .....
                                                                                                              ............ ........                                                                                                                                 . ..........
                                                                                                                                                                                                                                                                               ............  ...................
                                                                                                                                                                                                                                                . . . . ..... ...  ..........
                                                    .............. -                                                                                                                                                                              . ........          ......
                                                      ..................            ...... ........ .
                                              .......                                                                                                                                                                                                                                                ......
                                                            NORTH                       1 805M5                                 MARIN (1)                             6.1                56.7                   117.1                   11117.1                2.9
                                                                                                              TOTAL                                                   6.1                56.7                   117.1                   117.1                  2.9                   299.9


                                                                                        18050006                               SAN MATEO                              16.2               10.1                   110.1                   11011                  0.5
                                                                                                                               SAN FRANCISCO                          11.1               0                      0.3                     0                      0
                                                                                                                               SANTA CRUZ                             0.1                0                      0                       52                     0
                                              . ..... . .                                                     TOTAL                                                   27.4               10.1                   110.4                   106.2                  0.5                   254.6
                                                                                                              SUB-TOTAL                                               33.5               66.8                   227.5                   223.3                  3.4                   554.5
                                                                                                                                                      ..............................
                                                                                                                                                                      ..................
                                                                                                                                                                      .....................
                                                                                                                                                                          ........ ...
                                                                                                                                    -X.               -X
                                                                                               ... .......
                                                                                                           ..... ....... .........
                                                          CENTRAL                                    I                         SANTA CRUZ                             57.5               6.5                    19.2                    263.4                  o.4
                                              .......                                                                                                                                                                                                                                              . ...
                                              .......                                                                          SAN MATEO                              0                  8.7                    9.8                     12.3                   0.2
                                                                                                              TOTAL                                                   57.5               152                    29                      275.7                  0.6                   378
                                              ......                                                                                                                                                                                                                                                .......


                                                                                        18060002                               SANTA CRUZ                             13.6               32.7                   112.1                   16.2                   0.3
                                                                                                                               SAN BENITO (2)                         1                  96                     119                     230                    0
                                              ........                                                                         SANTA CLARA                            12.6               63.1                   92.3                    198.8                  0
                                                                                                                               MONTEREY                               2                  10.8                   1.8                     22                     0
                                                                                                              TOTAL                                                   29.2               202.6                  225.2                   4472                   0.3                   904.5


                                                                                        10060011                               MONTEREY                               35.7               86.1                   44.6                    46.2                   3.1
                                                                                                                               SAN BENITO (2)                         0.8                1.5                    6.5                     6                      0
                                                                                                              TOTAL                                                   36.2               87.6                   51.1                    52.2                   3.1                   230.2
                                              .......                                                                                                                                                                                                                                                ......

                                                                                        19060012                               MONTEREY                               39                 4.9                    50.1                    206.9                  0.7
                                                                                                              TOTAL                                                   30                 4.9                    59.1                    206.9                  0.7                   309.6


                                              ........                                  18060005                               MONTEREY                               27.3               422.3                  908.2                   834.2                  18.2
                                                                                                                         SAN LUIS OBISPO                              24.5               200.6                  147.2                   455.5                  0
                                                                                                                               SAN BENITO (2)                         0                  12                     0                       12                     0
                                                                                                              TOTAL                                                   $1.0               634.9                  1055.4                  1301.7                 18.2                  3062
                                                                                                              SUB-TOTAL                                               212.7              945.2                  1419.8                  2283.7                 22.9                  4884.3
                                                                                                                                             ....                                                                            ... .
                                                    ...............                                                                                                   4...
                                                                                                              ............                                                               ......

                                                                                                                                                                                                                                                 .............
                                               ...... .......... ............
                                                                                                           . . . ....... .
                                                           Xw
                                                                                                                                                                                                                                                                         wax'',
                                                    . .. ...... .........                                                      ......
                                                           SOUTH                        1 &)60006                              MONTEREY (3)                           2.3                1.2                    82.9                    238.5                  0.1
                                                                                                              TOTAL                                                   2.3                1.2                    82.9                    238.5                  0.1                   325
                                              ........                                                                                                                                                                                                                                                .....
                                                                                                              SUB-TOTAL                                               2.3                1.2                    02.9                    238.5                  0.1                   325
                                                                 ........ ..
                                              ......             ......... .                                                                              . ....
                                                                                          ..........
                                                                                                                                                         ........     ... . . . .. .............
                                                                                                                                                                                              . ..........
                                                                                                              GRAND TOTAL                                             248.5              1013.2                 1730.2                  2745.5                 26.4                  5763.8
                                                                                                                                                                                                                        . .. ...... ....                                                     .................
                                                                        ............
                                                                                                                                                                                                                                                                       ..................

                                                                                                                                                                      ...........
                                                    . .................
                                                                                                                                 ... .... .                                                   ....... .......   ............
                                                                               (1) THE MAJORITY OF LAND USE IS ADJACENT TO THE GULF OF THE FARALLONES NATIONAL MARINE SANCTUARY.
                                                                               (2) ESTIMATED VALUES.
                                                                               (3)   INCLUDES A SMALL PORTION OF SAN LUIS OBISPO COUNTY/NOTE ALSO A SMALL PORTION IS WITHIN THE CENTRAL AREA.
                                                                               ALL VALUES IN SQUARE MILES
                                                                               DATA OBTAINED FROM NATIONAL OCEAN SERVICE, OFFICE OF OCEAN RESOURCES, CONSERVATION AND
                                                                                                              ASSESSMENT, STRATEGIC ENVIRONMENTAL ASSESSMENT DIVISION


                                                    Source: Based on U.S. Geolo@l Survey Land Use/Land Cover Data bass Circa 1975 - 1900. Strategic Environmental Assessment Division
                                                    Office of Ocean Resources Conservation and Assessment, National Own Service, Rockville, Maryland.









             Commercial agriculture is an important activity in the land
         surrounding the bay primarily within the watersheds draining into
         the central portion of the study area. Agriculture includes both
         irrigated and non-irrigated agriculture as well as semi-
         agricultural land uses (e.g. dairies, and feedlots). Monterey

         County was once known as "The Salad Bowl of the World" because of

         the wide variety of vegetables grown there.

             Monterey county alone produces 90 percent of U.S. artichokes,

         60 percent of its broccoli, 50 percent of its cauliflower and

         mushrooms, 25 percent of its celery, and up to 80 percent of its

         lettuce (Monterey County Agriculture, Food for Thought, 1988).

         Santa Cruz County agricultural production includes berries, fruits,

         nuts, vegetables, field crops (hay and pasture), nursery crops, and

         products from the apiary, poultry, and cattle industry.

         Strawberries were the most valuable crop in 1988 with a total value

         of 58 million dollars. Lettuce was the second most valuable at 18

         million dollars, followed by roses (16 million), apples (14

         million), and raspberries (almost 14 million). Total agricultural

         production for 1988 was 166 million dollars.



             H. Coastal DeveloRm-ent
             The major population centers within the adjacent coastal
         counties to the study areas are growing steadily (Figure xx). Both
         commercial and residential unit development is concentrated in the
         central portion of the study area. Large growth has occurred in
         places such as Monterey< Marin, Salinas, Santa Cruz, and


                                        11-99









            Figure X. Population Density in Coastal Counties, 1960 - 2010

                 800



                 700-



                                                                      ...      ....... ..
                 600



             2   500-



                 400-                                                 ... . ..



                 300-

                                                 ....       ......

             CL
                 200



                 100-



                   0
                         1960      1970   1   1980      1988      1990      2000      2010

                                                       Year
                                Sanctuary               United States         E] California









        Watsonville lcocated along or adjacent to Monterey Bay. Almost
        3,800 new homes were constructed every year in Monterey and Santa
        Cruz counties between 1970 and 1989. Development was greatest in
        the early 1970s, late 1970s and mid 1980s.

             Associated with this development are increases in the need for
        seawalls to protect coastal property and facilities to gain access
        to the ocean such as docks, piers and jetties. In addition to
        direct physical changes to the coastline there are the indirect
        effects of this increased growth in terms of additional discharges
        and deposits via non-point source surface runoff or via groundwater
        and additional demands on point source discharges from sewage

        treatment plants.



             1. Recreational Activities and Tourism

             The moderate climate, rich diversity of marine flora and

        fauna, and variety of coastal types present many recreational

        opportunities for residents and tourists alike. The area is

        internationally renowned for its aesthetic beauty and recreational

        oppor tunities. The recreation industry is worth approximately $641

        million/year to San Mateo, Monterey and Santa Cruz Counties

        (Central Coast Regional Studies Program, Economic Values of the

        Central Coast, 1989).

                  1. Tourism

             Monterey Bay has been a tourist attraction since the late

        1800's. About 18 million tourists visit the area annually (AMBAG,
        1978). The total number of tourists to Santa Cruz annually -is 2.5


                                       U-100








            million (Santa Cruz County Conference and Visitors Council, pers.1
            comm, 1989). There were about 1.7 million overnight visitors to
            Monterey Peninsula in 1988 (Monterey Peninsula Chamber of Commerce,
            pers. comm., 1989). The primary recreational activities are
            sportfishing, boating, hiking, skindiving, sightseeing, nature
            observation, and surfing.
                 Many existing attractions are open to the public. The
            Monterey Bay Aquarium opened in 1984 and currently attracts about
            1.6 million visitors annually (S. Webster, per. comm., in
            Heimlich - Boran, 1988).

                      2. Coastal Recreation Areas

                 Shoreline and nearshore recreation occurs throughout the bay

            area, with concentrations from Point Lobos to Santa Cruz

            Almost all of these sites are managed by the state or local

            governments. Most of these sites.are recreationalbeach areas

            and/or marinas providing access to Monterey Bay. The numerous

            public beaches account for 45 miles of coastline bordering the

            preferred boundary alternative.

                 The numerous protected areas of special environmental

            significance allow varying levels of public use. These include the

            Point Lobos Ecological Reserve, the Carmel Bay Ecological Reserve,

            the Aho Nuevo State Reserve, the Pacific Grove Marine Garden Fish

            Refuge, the Hopkins Marine Life Refuge, and the California Sea

            otter Game Refuge. The Afto Nuevo State Reserve attracts over

            14 0,000 visitors annually (Coastal Concern, 1989).

                      3. Recreational Boating


                                           II-101








             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. All the marinas are full and have long waiting
        lists. Five boat ramps, one at Santa Cruz, and two each at Moss
        Landing and Monterey, are available for launching small boats from
        trailers. The boat ramp at Santa Cruz was used to launch
        approximately 8,000 boats in 1987 (Santa Cruz Port District, 1987).
        overnight berths are available in the marinas for transient
        boaters. Recently a para-sailing company has begun to operate out
        of Santa Cruz. once a year large speed boats participate in a
        charity race ezceeding speed of 100 mph.

                  4. "Personal water craft"

             The use of smaller speed vessels, termed "personal water

        craft", such as jet-skis or mini-motorboats has begun to@become a

        highly popular sport.

             Personal water craft are a relatively new form of water sport
        and while their popularity is increasing, they are currently

        operated in small numbers in the Monterey Bay area. In the

        northern part of the Bay, primarily around Santa Cruz, it is

        estimated that 12-16 vessels per day are operated on weekends

        during the summer months (6-month period, with 6-8 vessels

        operating on weekdays. During the winter only 6 vessels operate on

        weekends and 1-2 during the weekdays. The vessels are launched and

        recovered at a launch ramp in the Santa Cruz harbor area.


                                       -11-102









                 In the central portion of the Bay, primarily Moss
            Landing/Elkhorn Slough area, it is estimated that "dozens per
            month" operate during the summer. The vessels are launched and
            recovered at a launch ramp near the Yacht Club in the harbor area
            and have been seen to travel the length of Elkhorn Slough.
                 In the southern portion of the Bay, there are no estimates of

            vessel use but they are known to be on the increase. Vessels which
            are launched and recovered at the Coast Guard Pier launch ramp, are
            prohibited from the Monterey Marine area. There has been an
            increase in concern over the use of these vessels in the vicinity
            of local beaches, where the operators desire to ride the surf and

            jump waves. An ordinance is being considered to prohibit use of

            the so-called "thrill craft" in the "Window of the Bay" area of

            Monterey.

                      5. Recreational Fishing

                 Recreational fishing is a very popular activity both in

            Monterey Bay and the exposed coastal areas throughout the entire

           .study area. Five major types of recreationaI fiabing are pursued:

            private boat or skiff fishing, partyboat fishing, spearfishing,

            pier and shore (surf) fishing, and shellfishing. Skiff fishing is

            limited almost entirely to sheltered Monterey and Carmel Bays.

            Most of the skiff catch is made up of white croaker, several
            species of rockfishes,.Pacific sanddab, lingcod, and mack.erel
            (Table x). The rugged  nature of some sections of the coast make

            shorefishing impossible. Where the shoreline can be reached there
  0         is excellent rocky-shore fishing for lingcod, kelp greenling,

                                           11-103










        cabezon, surfperch, and rockfishes. Most sandy beaches offer good
        surf fishing for surfperches and flatfishes (Table x). Pier
        fishing is available on the public piers in Monterey, Seacliff

        State Beach, Capitola, and Santa Cruz. Jetties at Moss Landing

        harbor and Santa Cruz Small-Craft harbor provide good fishing for

        surfperch, starry flounder, and rockfishes. Table x also shows the

        main fish species caught from piers and jetties. Surf smelt and

        night smelt are netted in the surf off sandy beaches during certain

        months of the year.

             Partyboats operate primarily out of Monterey, Moss Landing,

        and Santa Cruz harbor; a total of 25 were operating in 1987. The

        Big Sur coast is a very popular partyboat fishing area (Table x).

        salmon, lingcod, mackerelf and many varieties of rockfish are the

        main species caught.

                  6. Intertidal Collecting

             clam digging in ocean waters has been all but eliminated

        because of sea otter foraging, while other shellfish such as
        limpets and mussels are harvested from rocky tidepools. Abalone
        were once collected on rocky shore areas but their numbers have

        dwindled from overharvesting and sea otter predation.

                  7.  Diving
             The Monterey Bay area is well known for recreational diving.
        The area from Cannery Row on the Monterey Peninsula to Point Loobos
        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


                                       11-104









             Table          Major species of Fish Caught from Private or Rental
                            Boats, Beaches, Piers and Jetties (marine
                            Recreational Fisheries statistics Survey, i987).


                  Private or Rental Boats                   Beaches

                  Blue rockfish                             Barred surfperch
                  Pacific sanddab                           Staghorn sculpin
                  Rockfishes (general)                      Flatfishes
                  Longfin sanddab                           Surfperches
                  Lingcod                                   Calico surfperch
                  Gopher rockfish                           Senorita
                  Albacore tuna                             Silver surfperch
                  Yellowtail rockfish                       Walleye surfperch
                  Chilipepper                               Black perch
                  Brown rockfish                            Rockfishes (general)

                  Piers                                     Jetties

                  staghorn sculpin                          Surfperches
                  Jacksmelt                                 Rockfishes (general)
                  white croaker                             Staghorn sculpin
                  Pile perch                                Northern sculpin
                  White seaperch                            Pile perch
                  Surfperches                               Rainbow seaperch
                  Lingcod                                   Senorita
                  Chinook salmon                            Starry flounder
                  Rainbow  trout                            Cabezon
                  Kelp rockfish                             White croaker








          Table     --Fish Caught by Commercial Partyboat Fleet For the Ports
                t
          of Mont rey, Moss Landing, and Santa Cruz (California Department o
          Fish and Game, 1987)

               species                                          Number of
                                                                Fish Caught
               Rockfish (unspecified)                              373,849
               Salmon (all species)                                 12,755
               Lingcod                                              11,133
               Pacific mackerel                                     4,162
               Sablefish                                            3,208
               Jack mackerel                                        1,773
               Flatfish (unspecified)                               1,024
               Cabezon                                                 390
               Albacore tuna                                           318
               Sanddab                                                 236
               Whitefish, ocean                                        100
               White croaker                                             64
               Pacific bonito                                            27
               California halibut                                        17
               Petrale sole                                               4
               White seabass                                              1
               Sturgeon                                                   1
               All Others                                             9,253
                                                           Total   418,978



          Note: Total based on 45,461 anglers fishing from 25 boats in 1987.










            (U.S. Department of the Interior, 1987). Other underwater parks

            popular with divers include Carmel Bay State Underwater Park and

            Julia Pfeiffer Burns State Underwater Park (McMillon, 1982).

            Rosenberg (1987) presents an excellent guide to diving in the

            Northern California and Monterey Peninsula area.

                      8. Nature Observation

                 Opportunities for nature observation include 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. One company (Shearwater Journeys), which

            offers natural history boat trips, takes over 3,000 people each

            year out on Monterey Bay to view seabird and marine mammals (Sheila

            Baldridge, pers. comm., 1989) Rocky shorelines provide the hiker

            with the opportunity to view the fascinating flora and fauna

            associated with the rocky intertidal habitats.

                 A seaplane operation at the Santa Cruz Municipal wharf
            provides nature observers opportunities to watch whale migrations
            from the air as well as provide emergency rescue service when

            necessary.

                      9. Surfing
                 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. Throughout the entire
            study area there are 4 major sites in South Mateo County (south of
            Half Moon Bay), 32 in Santa Cruz County, 10 around the Monterey


                                           11-105










        peninsula and 6 in Big Sur. Surfing accounts for a major source of
        revenue to the area (approximately $150 million per year to Santa

        Cruz alone) and special events such as the six day O'Neil Cold

        Water Classic ProSurf contributes $ 2.0 million alone. The main

        surfing season runs from late summer through early spring, although

        surfing continues year round (J. Young, pers. comm., 1989). Santa

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

        Its long history is traced in the Santa Cruz Surfing Museum. Wind

        surfing has also increased in popularity in.the last few years with

        major competition located in the small bay south of Mo Nuevo.





































                                       11-106










            IV. Section:, Existing Resource Protection Regime

                 A. Introduction

                 The Federal agencies with existing primary responsibilities in

            the Monterey Bay study area 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.

                 The California state agencies with existifig primary

            jurisdiction in the Monterey Bay studyarea are: the Coastal

            Commission, the State Water Resources Control Board, the Central

            and San Francisco Regional Water Quality Control Boards, the State

            Lands Commission, the Department of Fish and Game, the Department

            of Parks and Recreation, the Air Resources Board and the Historical

            Resources commission.

                 This section will review briefly the responsibilities of these
            agencies in the Monterey Bay area. Additional information is

            provided in Appendix C.

                 B. Federal Authorities
                 The NMFS works with the 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


                                           11-107













         State's coastal baseline.

             NMFS 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 and

         walrus). Three of these bird species: the California brown

         pelican, the American peregrine falcon, 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

         short-tailed albatross is extremely rare in this.drea but was

         recently sighted off central California in the vicinity of the

         Cordell Bank National Marine Sanctuary.

             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 andILiability 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 has 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


                                        11-108










             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

             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
             (ocsLA) . These include enforcement of regulations pursuant to the
             OCSLA (30 C.F.R. Part .2so) 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.


                                            11-109










             The United States Department of Defense maintains numerous
        training areas in the area and routine training missions are

        frequently conducted by all branches of the armed services.



             C. State Authorities

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

        of the California Coastal Management Program. The CCA establishes

        the State Coastal Commission 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 Statel 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 submerged lands extending 3.0 nm (5.6 km) from the

        mean high tide line. Administration of State 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


                                       II-110










             protection and use of public trust lands in the coastal zone.

                  The CDF&G is responsible for enforcing California as well as

             Federal fishing laws in the 200-mile wide exclusive economic zone

             as well as in State waters of the territorial sea. The CDF&G also

             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 pa.rk 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 also shares responsibility with the

             National Forest Service for 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
             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
             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 Resources Agency which is responsible

        for maintenance of registered sites.






































                                        11-112





                                                   A-c -ietwATI Ve -5






  0
                                Alternatives Including the Preferred Alternative





























  0


































                                               iii-i













                                          TABLE OF CONTENTS                           PAGE

                 Section:      Boundary Alternatives      . . . . . . . . . . .       111-6
                   A. Introduction      . . . . .                                     111-6
                   B. Boundary Alternative 1                                          111-7
                         1. Geography    . . . . . . . . . . . . . . . . . . .        111-7
                         2. Distinguishing Characteristics         . . . . . . .      111-7
                   C. Boundary Alternative 2       . . . . . . . . . . . . . .        111-8
                         1. Geography    . . . . . . . . . . . . . . . . . .          111-8
                         2. Distinguishing Characteristics         . . . . . . .      111-8
                   D. Boundary Alternative 3       . . . . . . . . . . . . . .        111-9
                         1. Geography    . . . . . . . . . . . . . . . . . .          111-9
                         2. Distinguishing Characteristics         . . . . . . .      111-9
                   E. Boundary Alternative 4       . . . . . . . . . . . . .          III-10
                         1. Geography    . . . . . . . . . . . . . . . . .            III-10
                         2. Distinguishing Characteristics         . . . . . .        III-10
                   F. Boundary Alternative 5       . . . . . . . . . . . . .
                         1. Geography    . . . . . . . . . . . . . . . . .
                         2. Distinguishing Characteristics         . . . . . . .
                   G. Boundary Alternative 6       . . . . . . . . . . . . .          111-12
                         1. Geography    . . . . . .. . . . . . . . . . . .           111-12
                         2. Distinguishing Characteristics         ... . . . .        111-12
                   H. Boundary Alternative 7       . . . . . . . . . . . . .          111-13
                         1. Geography    . . . . . . .     ...                        111-13
                         2. Distinguishing Characteri. tics                           111-13

            ii. section: Recrulatoa Alternatives            . . . . . . . . .         111-14-
                   A. introduction      . . . . . . . . . . . . . . . . . .           111-14
                   B. Oil, Gas and Mineral Activities           . . . . . . . .       111-15
                         1. Status Quo      . . . . . . .            111-15
                               a. Existing Regulatory Framework                      111-15
                               b. Impact to Resources       . . . .                   111-16
                               c. Impact to Uses     . . . . . . .                    111-17
                         2.  Sanctuary Alternative 1      . . . . . . . . . .         III-is
                               a. Sanctuary Action      . . . . . . . . .          III-is
                               b. Impact to Resources       . . . . . . . .     o    111-19
                               c. impact to Uses     . . . . . . . . . . . .          111-19
                         3.  Sanctuary Alternative 2 (Preferred)                      III-19
                               a. Sanctuary Action      . . . . . .                  111-19
                               b. Impact to Resources          .                    111-20
                               c. Impact to Uses     . . . . . . . . .     o          111-21
                   c. Discharges or Deposits . .      111-22
                         1. Status Quo      . . . . . . .                    111-22
                               a. Existing Regulatory Framework           o  o o     111-22
                                     (1)   Point source Discharges         o       III-23
                                     (2)   Non-Point Source     Discharges  (NPS)     111-24
                                     (3)   Hazardous waste,     oil and  trash
                                           disposal    .       o o o . . . . .       111-26
                                     (4)   Ocean dumping o      o. . . . . . .        111-27
                               b. Impact to Resources        . . .  o . . . . .       111-27
                               C. Impact to Uses            o . .      o        111-29
                         2. Sanctuary Alternative (Preferred)              o o o      111-30

                                                   111-2
 









                                   a. Sanctuary Action      . . . . . . . . . . .        111-30
                                   b. Impact to Resources       . . . . . . . . .        111-31
                                   c. Impact to Uses      . . . . . . . . . . . .        111-32
                                         (1) Vessels      . . . . . . . . . . . .        111-34
                                         (2) Dredge Disposal Activities       . . .      111-35
                                         (3) Point Source Discharges        . . . .      111-35
                                         (4) Non-Point Source Discharges (NPS)           111-38
                       D. Historical     Resources  . . . . . . . . . . . . . .          111-39
                             1. Status Quo      . . . i . . . .   * * * *                111-39
                                   a. Existing Regulatory Framework                      111-39
                                   b. Impact to Resources       . . . . . . . . .        111-39
                                   C.  Impact to Uses     . . . . . . . . . . . .        111-40
                             2. Sanctuary Alternative (Preferred)         . . . . .      111-41
                                   a. Sanctuary Action      . . . . . . . . . . .        111-41
                                   b. Impact to Resources       . . . . . . . . .        111-41
                                   C.  Impact to Uses     . . . . . . . . . . . .        111-42
                       E. Alteration of or Construction on the Seabed            .  .    111-43
                             1. Status Quo      . . . i . . .     . . . . . . . .        111-43
                                   a. Existing Regulatory F@amework                      111-43
                                   b. Impact to Resources       . . . . . . . . .        111-43
                                   c.  Impact to Uses     . . . . . . . . . . . .        111-44
                             2. Sanctuary Alternative (Preferred)         . . . . .      111-45
                                   a. Sanctuary Action      . . . . . . . . . . .        111-45
                                   b. Impact to Resources       . . . . . . . . .        111-45
                                   c.  Impact to Uses     . . . . . . . . . . . .        111-46
                       F. Taking Marine Mammals# Turtles        and Seabirds     .  .    111-47
                             1. Status Quo      . . . . . . . . . . . . . . . .          111-47
                                   a. Existing Regulatory Framework         . . . .      111-47
                                   b. Impact to Resources       . . . . . . . . .        111-47
                                   C. Impact to Uses      . . . . . . . . . . . .        111-47
                             2. Sanctuary Alternative (Preferred)         . . . .        111-48
                                   a. Sanctuary Action      . . . . . . ... . . .        111-48
                                   b. Impact to Resources       . . . . . . . . .        111-48
                                   c. Impact to Uses      . . . . . . . . . . . .        111-48
                       G. overflights      . . . . . . . . . . . . . . . . . .           111-50
                             1. Status Quo .                - - - *  . . . . . . .       111-50
                                   a. Existing iegulaiory Framework                      111-50
                                   b. Impact to Resources       . . . . . . . . .        111-50
                                   c. Impact to Uses . - - - -       * *  '              III-so
                             2.  Sanctuary Alternative (Preferred)        -              111-51
                                   a. Sanctuary Action      . . . . . . . . . . .        111-51
                                   b. Impact to Resources       . . . . . . . . .        111-51
                                   c. Impact to Uses      . . . . . . . . . . . .        111-52
                       H. operation of "Personal Water Craft"           . . . . . .      111-53
                             1. Status Quo . -       * ' * ' *                           111-53
                                   a. Existing Regulatory F@am*ew*or*k*                  111-53
                                   b. Impact to Resources       . . . . . . . . .        111-53
                                   c. Impact to Uses                                     111-54
                             2. Sanctuary Alternative (P@efierr;d)                       111-54
                                   a. Sanctuary Action      . . . . . . . . . . .        111-54
                                   b. Impact to Resources       . . . . . . . . .        111-54
                                   c. Impact to Uses      . . .. . . . . . . . . .       111-55

                                                       111-3











                 I. Vessel Traffic    . . . . . . . . . . . . . . . . .         111-57
                       1. Status Quo (preferred)      . . . . . . . . . .       111-57
                            a. Existing Regulatory Framework       . . . .      111-57
                            b. Impact to Resources      . . . . . . . . .       111-57
                            c. Impact to Uses    . . . . . . . . . . . .        111-59
                       2. Sanctuary Alternative     . . . . . . . . . . .       111-61
                            a. Sanctuary Action     . . . . . . . . . . .       111-61
                            b. Impact to Resources      . . . . . . . . .       111-61
                            C. Impact to Uses    . . . . . . . . . . . .        111-62
                 J. Fishing    . . . . . . .                                    111-64
                       1. Status Quo (Prefer@ed*)*                              111-64
                            a. Existing Regulatory Framework       . . . .      111-64
                            b. Impact to Resources      . . . . . . . . .       111-64
                            C. Impact to Uses    . . . . . . . . . . . .        111-69
                       2. Sanctuary Alternative     . . . . . . . . . . .       111-71
                            a. Sanctuary Action     . . . . . . . . . . .       111-71
                            b. Impact    to Resources   . . . . . . . . .       111-72
                            c. Impact    to Uses . . . . . . . . . . . .        111-72
                  Section: Management    Alternatives   . . . . . . . . . .     111-73
                 A. Introduction    . . . . . . . . . . . . . . . . . .         111-73
                 B. Alternatives    . . . . . . . . . . . . . . . . . .         111-73
                       1. Status Quo     . . . . . . . . . . . . . . . .        111-73
                       2. Sanctuary Management Alternative 1       . . . .      111-73
                       3. Sanctuary Management Alternative 2 (Preferred) 111-74






























                                               111-4










               PART III:- ALTERNATIVES, INCLUDING THE PREFERRED ALTERNATIVE
                    In evaluating the proposal to designate a Monterey Bay
               National Marine Sanctuary (MBNMS), the National Oceanic and
               Atmospheric Administration (NOAA) has analyzed institutional,

               boundary, regulatory and management alternatives in terms of
               achieving optimum protection of the ecosystem, improving scientific
               knowledge of the area, and promoting public understanding of the

               value of Monterey Bay area resources and qualities. This Part

               describes,the alternatives considered in the evaluation process.

               Part IV describes the environmental consequences of the

               alternatives described below.

                    The fundamental choice of alternatives is between the two

               institutional alternatives: (1) no action or continuing the status

               cruo, and (2) the preferred alternative, Sanctuary designation as a

               complementary measure to existing programs. Boundary, regulatory,

               and management alternatives are considered in the context of the

               preferred institutional alternative.






















                                              111-5











          I. Section:     Boundary Alternatives

               A. Introduction

               This section describes the seven proposed boundary
          alternatives for the Monterey Bay National Marine Sanctuary. The
          study area for the proposed sanctuary (also included as Boundary
          Alternative 5) encompasses an area of 4,095 square nautical miles.
          The northern range of the alternatives extends to the Golden Gate
          National Recreation area in Marin County. The southern range
          extends to Cambria in San Luis Obispo County. Five of the
          boundaries extend approximately 46 nautical miles seaward from Moss
          Landing and approximately 18 nautical miles from the California
          coast. Depths of over 1,500 fathoms are included in all but one of
          the alternatives. All of the boundaries include Monterey Bay and
          its adjacent coastline to the north and the south. They also
          include state waters between Pigeon Point to the north, and
          Partington Point to the south. Comprehensive tables follow each
          boundary description and map, graphically illustrating the
          resources and human uses contained in each boundary alternative.
               All boundary alternatives were 'derived based6on: (1) the
          distribution of living resources and human uses, (2) geological and
          physical oceanographic parameters, and (3) management logistics
          which provide for effective resource protection and enforcement,
          improve research on the Monterey Bay environment, and enhance
          public awareness and understanding of the resources and uses of the
          Sanctuary area.





























                                           111-6












                     B. Boundary Alternative 1

                          1. Geography
                     The boundary extends from the mean high tide level at Pigeon
                Point on a southwest heading of 2400 to the 50 fathom isobath
                (Figure Xx). Following this isobath south to a point where it
                intersects the 3 mile geographic limit drawn from the baseline
                across Monterey Bay, the boundary then turns south along this
                limit.   Upon reaching the 100 fathom isobath on the Sur platform,
                the boundary then runs generally to the southeast along the 100
                fathom isobath. The boundary then proceeds to the head of
                Partington Canyon until it rejoins the 3 mile limit. Following the
                three mile limit until it reaches a point three miles off
                Partington Point on a heading of 2400, the boundary then proceeds
                shoreward to the mean high tide level. The land-side boundary
                follows along the mean high tide level, but Santa Cruz, Moss
                Landing (except for Elkhorn Slough), and Monterey Harbors are all
                excluded from this alternative's boundaries.

                          2. Distinggishing Characteristics
                     This boundary focuses on nearshore coastal resources and uses.
                Consequently high percentages of kelp, intertidal invertebrates,
                and sea otters are located here (Table Z). The area contains a
                high concentration of fissipeds (otters), particularly in the
                southern portion, a major concentration of pinniped (seal)
                colonies/rookeries (equal to Alternatives 2,6, and 7), and several
                cetacean sighting areas. However, feeding areas associated with
                the offshore canyon are excluded. Deep water fish associated with
                the offshore canyon are also excluded from this proposed
                alternative. This alternative encompasses only 11 percent of the
                canyons (excluding deep sea port-ions) in the studyarea. Water
                quality stations, protected areas, freshwater input, and kelp beds
                are the same as in Alternatives 2, 6, and 7. Due to the limited
                amount of Federal OCS lands encompassed, this boundary alternative
                contains only 80 billion barrels of oil and 110 billion cubic feet
                of natural gas (Table X). Lands adjacent to the sanctuary are home
                to three major ports. Commercial ship traffic is often outside of
                the proposed boundary alternative due to its limited seaward
                extent.   only two military training areas, adjacent to the coast
                of Monterey Bay itself, are included.














                                                  111-7



















                                                      Kbrin
                                     P1. Rey'n
                                                                 qw
                          38'-


                                       Gut of ft Favdmw


                                                                                                                         C Mila
                                                                                                                   AM')
                                                                               ANN            ..... .




                                                                           Santa Clara
                                                                    Sant
                          37*                                          LIZ,

                                                      Proposed
                                                      SanMaty
                                                      Soundary

                                                                                              Son Berifto



                                                                              Pt SW

                                                                                  ft*VW Pt

                                                                                                Monterey
                                                                                      LOW A .                     -     .::
                                                                                                                             ..........
                          36*


                                                                                          C&SW SAW NAM



                                                                                               Pt P**M awrxm



                                                                                                              San Luis:                  ............
                                                                                                              0660po
                                                                                                                                      . .. . ......

                                                                                  swo %mom


                         3S'-          Pacific Ocean





                                                                       t2r                        1210                       12V


                                  ï¿½ Boundary Alternative 1 establishes a Sanctuary of 502 square nautical miles

                                  ï¿½ It borders 171 nautical miles of shoreline

                                  - Federal and state waters account for 22 percent and 78 percent, respectively,
                                    of the proposed Sanctuary










                 Boundary Alternative 1
                 Summary of Resources

                 Category/                             Units              Amount Percent of Total within                                        Comments
                 Subcategory                                                          Boundary Alternative

                                                                                       101 U   30
                                                                                                j     11111611 NJ IG 11011011
                 Existing Protected Areas
                     Parks                    number of silbs                       a
                                                                                                                               Includes state historic perks.
                     Refuges                                                        3
                     paseries,                                                      4
                                                                                                                  ...          Dells
                     TOTAL                                                                                                         are for Monw" and Santa Cruz counties.
                     ASSS                                                                                                      ASSS vies are also dw4iflled as state parks.
                                                                                                                               Irefuges, or reserves,

                 Biological
                     Invertebrates            number of phyla                       31
                                                                                                                .. ... .....
                                              no. comm. imp. species                10
                                              no. high ConWn. areas-                7                                          Includes ASSS areas plus Asdomar and PL Sur.

                     Fish                     number of spades                      240                                        Only boundary without do" waterfish.
                                              96 rockAsh habitat                    10                                         Area has lowest percentage of roafish habitat.
                                              96 squid spawn habitat                36


                     Tuffl"                   nwriber of spades                     4
                                                                                                             .U.               Listed
                                                                                                                                    Species are not nom y residents at mne.


                     Seabirds                 number Of spades
                                              no. of rockedow4collonies             Is
                                              16 NO conicen. at*=
                     FWdpe&                   nurMisr of kx&Wafs                    746                                        Ini  Is narrow zons of coastal waters.
                                              nVW (Asu" mdes)                              M.'
                     Plirinipeft              number Of spades                      5                                     i"'I.,@1- Excludes occasionally siranded Guadalupe
                                              no. of rookedesvoilorlies             7             ..
                                              % high conoon.W988                    is
                     Cetweans                 number of spades                      20                                         Concentration WW ockwas Way who" doohins,
                                              % h9h cosicat arm                     2n2   ............


                     PhysicaUChemical
                     UpwoftV Zones            rlumbff                                                                          Onshore of PL &a anid Am Numa.
                     Freshwater Input         cubic AM per
                     Water Oulauty
                       Monitorm Stations      M                                                                                       Mussupw -rjdWW cm*r*jn which W alien
                                                                                                                                         in ho coricentration an 10 n@UW Sour=.
                       Exceedirg CrMeA        number Sao"                           3111


                     Kabitate,
                     Canyon                   squam naudcal nalbs                   72                                         Aftnedw VAIh arnallat Was Of ="Yom
                     Kelp                     neudW min                             105
                     W*UWVd1,                 squats miles                          23


                     Historical
                                                                                                                               a"$ reparINA not d Vermad
                     ShWwecM                               afts                     100                                                           MWWs owd fi"Vokifo"
                                                                                                                                                SV
                                                                                                                               ordyl
                     PfehislAft                                                     475

                     am on rounded 10 OW nearest 10 percent
                     * @ IN"       WOOD                                                                                                                        no.-.
                     AMMSWM: ar&M.Wom, eye; ASSS4mu of 00" W01100cill WW*kw"-








                                     Boundary Alternative 1
                                     Summary of Human Uses

                                     Category/                            Units               Amount Percent of Total within                                           Comments
                                     Subcategory                                                           Boundary Alternative


                                     Commercial Fishing
                                     Fishing vessels            number                              75S                                              Includ" Parts of Monterey, Moog landirS and
                                     FlocWish                   thousand do0ars                     2,115
                                     Salmon
                                                                                                    2,017
                                     Total Value of all Fish
                                                                                                    9,831


                                     Vessal TraffkXredglng
                                     Corntnercial Shipping vessebyear                               2,500
                                     Dredge Dispoeal            cubic yam"w                         50,000                                           sho- E=kWu fW*v ves"s and 1 md. cu yft. per
                                                                                                                                                     "'Ne 00, ancon"pa"' " "'5c to ' Or

                                                                cubk- yard&@Var                     182,000 i.`ii:ii@i@@ii'-.*@ji
                                     Dredging                                                                                                        yew of CA @ .40 ef and disposed und off of Golden Gate
                                                                                                                                                     lor vessels heading north from San Francisco Say aroa.

                                     Development
                                     Residential                urift"ar                            3,794                                            The avore" raw of develop ion; 14    o   i  197o ard
                                     Contrnercial               bU*kVz"W                            202                                              19W PbpLAWn           davelopmm we greates in
                                     Population                 Wousand pemm                        SOS                                              convritntles along the coa&L Irickmaw Monterey and
                                                                                                                                                     Is-ft Cruz

                                     Energy/Mining
                                                                ffAVon barmis                       W                                                Inchidee. the awne amart of cil and gas fewrcm
                                     Natural Clas               bOon cubk Ant                       110                                                in Bow4wy Aftmadve 7.
                                     Send Mining                cubko yards*war                     150,000                           rm 7=
                                                                                                                                           f         I

                                     Adjacent Land Use
                                     Urban                      square mdm                          213                                              Urban lands we concentrated in populatton content
                                     Range                                                          1,420
                                                                                                                                                     clustered around Mot buoy fty. Rangelanda,
                                     Forest                                                         2.@                                              brest landa, and agricultural lands are greatest m the
                                     Agftft"                                                        945                       ........               swiftern portion of ft bourdary alternative.


                                     Public ReaeatIon
                                     Ocean-Adjacent Areas runbeir                                   30
                                     Boat Sups                                                      1.511                                                                              and arnourit of beach
                                     Beach"                     raiiiiisi



                                     Discharges

                                     Point Sources
                                          Direct                ba of wastewater                    Is                                               E=kadea the PG&E PWAW plant and refractm.
                                                                                                            ....... .........
                                           Indirect                                                 9
                                     NomPoinlSources bwofWassewaser                                 175


                                     Research/Education
                                     Facilities                 rkm7mw                              11                                               Excludes ft U.S. Fah ard Wilillife maearch station
                                                                                                                          .::: :..:.:                low ft U.C. Landeft4a nNearch feeft.

                                     Military
                                                                                                                          ...........


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






















                                     Trainirv Areas             square nautical mim                 50                                               or#/ rickwes, No Military operations areas in
                                                                                                                                                     Monism a" bo.

                                     am am ntunded to the nearest 10 Percent.
                                     Abbreviallons; bgy-billion gWlww per year rnIL cu. Y46-mlion cubic YARW ft-FRIVIOL











             C. Boundary Alternative 2

                  1. Geography
             This proposed boundary, the preferred alternative, includes
        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 southeast from
        Partington Point (Figure XX). The boundary extends from the mean
        high tide line from these sites seaward approximately 18 nmi 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 nmi, over the entire Monterey Canyon complex out to
        the abyssal plain at 1500 fathoms (approx 3,000 m). Santa Cruz,
        Moss Landing (except for Elkhorn Slough), and Monterey Harbors are
        all excluded from the Sanctuary Boundaries.

                  2. Distinggishing Characteristics
             Most resource values (i.e., kelp, historical sites, protected
        areas) are similar to those in Alternatives 1,.6, and 7 (Table X).
        .However, this alternative contains. higher concentrations of species
        and greater canyon area than those alternatives-. It also contains
        over half of all seabird and pinniped rookeries/colonies and
        cetacean high concentration areas. This boundary alternative
        encompasses approximately 84% of the canyons within the study area.
        The submerged lands of Boundary Alternative 2 contain an estimated
        110 billion barrels of oil and 150 billion cubic feet of natural
        gas (Table 1). This boundary extends seaward to a depth of 1,500
        fathoms and includes the productive fishing grounds around the
        Monterey Canyon. Onshore development is concentrated along the
        coast of Monterey Bay.


























                                                                       Pt. Reyes                                                           . .....
                                                  38- -


                                                                          GO d

                                                                                                                                                                                                                  1@lc         Of&



                                                                                                  PaMaNdWo
                                                                                                                                              Saida Clara             . .... .
                                                                                                                                  Sant
                                                                                                                                   CrUz
                                                  37* -
                                                                                                                                            51014B CAIM


                                                                Proposed.
                                                                Sanctuary
                                                                Boundary
                                                                                                                                                  Ma" IV                            son Benno





                                                                                                                                                             Padvo PE:
                                                                                                                                                                                                                                      .................
                                                                                                                                                                                                                                       ............
                                                                                                                                                                                                                                                                        ..........


                                                                                                                                                                                       Nk) tie
                                                                                                                                                                                             n      ray
                                                  36'-
                                                                                                                                                                                                                                                            .............


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



                                                                                                                                                                                                                                                                   ..............
                                                                                                                                                                                     Pt Pod        ablum                                                         . .... .........
                                                                                                                                                                                                                                             . . .. . ... ...... ...
                                                                                                                                                                                                                                                          ...........

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


                                                                                                                                                                                                                   San LIA
                                                                                                                                                                                        Haifa aly




                                                  3S'-                     Pacific Ocean


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

                                                                                                                                                                                                                                                                    ............
                                                                                                                                                                                                                               ............ ......... - , --
                                                                                                                                                                                                                                                 ....... .... .... ...

                                                                                   127'                                                 12r                                                 121*                                                12V


                                                                 - Boundary Alternative 2 establishes a Sanctuary of 2,539 square nautical miles

                                                                 - It borders 182 nautical miles of shoreline

                                                                 - Federal and state waters account for 84 percent and 16 percent, respectively,
                                                                      of the proposed Sanctuary









                      Boundary Alternative 2
                      Summary of Resources
                      Category/                            Units              Amount Percent of Total within                                         Comments
                      Subcategory                                                          Boundary Alternative
                      Existing Protected Areas                                             "is,    30 1 .1 _16LN  -?oleo "[,a*
                      Parks                     number Of silps                                      x.
                                                                                                                                  Ind
                      Refuges                                                                                                        Udes state historic paft.
                                                                                      3                    ...... . .
                      %serves
                                                                                      4
                       TOTAL
                                                                                                                                  DiWe
                                                                                      15
                      ASSS                                                                                                             am for man" am Santa Cruz counties,
                                                                                      5
                                                                                                                                  ASSS Win are Woo ckmifled as state parks,
                                                                                                                                  rekws, or reserves,
                      Biological
                      Invertebrates             number of phyla                       31
                                                no. comm. *Mp. Species                19-                              Kj
                                                no. hvh conom ar"s,                   7
                                                                                                     X                            Irck9l" ASSS Pka AsHomer          Pt. sur.

                                                                                                                    -M.:
                      Fish                      numbercifspedes
                                                                                      333
                                                % roddish habitat                                . . . . . . . . . . . . . . . . . .
                                                                                      45
                                                % Squid Spawn. habitat                39


                      Turd"                     rk of spades                         4
                                                                                                                                  Listed swdea a,. hot no.Wy ym-.,4 rW,4,
                      SeabIrft                  number of spades                      94
                                                no. of rookedestolonjes               14
                                                % h0h concert. arm

                      FbWpeft                   flumber of kx*ftab                    746
                                                ra" Irlaukal moss)                    GV7

                      Plrv*po&                  Manber of sped"                       5              ...........
                                                                                           ...    . --:, ...    ..                Exckxies 0001fienely            G,    h Seals,
                                                                                                      .. ..............
                                                no. of nookehevtokfWs                 7
                                                % NO coricen. anm
                                                                                                                                  Mostly in canoW portlon. ftkxm targe popUatom 0
                                                                                                                                  StWlsir See Uwa and Northern Fur Seale.
                      Cetaceans                 Monbw of sped"
                                                % ho concen, ars"                     57                                          Uncentro0on only indudes Way wWft 4oWwqk
                                                                                                                                  ans

                      PhYSICAUChemk-Al
                      Upwaft Zonn               nwnbw                                 2
                      Fmshwaw input             a*c Awparsecorw                       1,113
                      Water Ouaity
                       Mori" Sind"              nwnw                                  75
                       ExceWing Criteria        number stafto                         38                                          CdWis nwax" Inclutles cadmkm whic! is often
                                                                                                                                  ffleffiSured in P90 concentration due hD nourd
                                                                                                                                  sources,

                      Habitats

                      Canyon                    Square nauklif nVus
                      Kellp                     nauftW nWes                           105
                      Wedwxb                    squ" min                              23


                      Historical

                      ShWorecks                 number Of S1*@                        109                                         On *W          not W! verMs&
                                                                                      475
                                                                                                                                  10r* am offda Sit" lisp* Vial Vemled
                      am am muntled to tie nearest 10 percent
                          9low      Zone,
                      AbbMinations:                  ASIRIS-areas of spedal bologto' Wpifiewww, ownrn.-cornmerc        .i*; concen.-conceresion. mW-Onportent no.,N
                      Owl .-SPOW"Ma








                                    Boundary Alternative 2
                                    Summary of Human Uses

                                    Category/                            Units              Amount Percent of Total within                                         Comments
                                    Subcategory                                                            Boundary Alternative

                                                                                                           1
                                                                                                           -L
                                                                                                           0 M 30LIG $0140 MIN 0011001
                                    Commercial Fishing
                                    Fishing V      is         number                             755                                              Rqw--m wrdings at tne Pam of Wo servy,
                                                                                                                                                  Moss Lancing, and Sam CnaL
                                    Plockfish                 thousand dollars                   2,115     @          . . .          -n
                                                                                                           :x
                                    SaIrnon                                                      2,017
                                    Total Value of all Fish                                      9,831


                                    vessel Traff 1WOredging
                                    Conwarcial Shipping vesselsyear                              3,900                                            Excludes fislung vessels ard vessels heading nw1h
                                    Dredge Dispo"             cubic, yard"aar                    50,000                                           korn Son Frimew Bay arim ExdLdes 1 mil. cu yda
                                    Dredging                  cuft)WM%year                       182,=                                            Par yew of dredged and disqnsed sand off of GoWen


                                    Development
                                    Pasklential               ufft"ar                            3,794                                            The average rate of developnent bsWeen 1970 aid
                                    Commercial                buildkV"ear                        202                                                    Po"gon"develoornerearegrawastin
                                    Population                thousand per"M                     SOS                                              commirwAss, alorv the co"t Includes Monterey and
                                                                                                                                                  ISarilaCnacountles.


                                    Energy/Mining

                                    ON                        nOon barnks                        110
                                    Natural Gas               billion cubic feet                 ISO
                                    Sand MinirV               cubic yardmy"                      1 000


                                    Adjacent Land Use
                                    Urban                     square miJas                       213                                              Urban ianda we concentrated in Population centers
                                                                                                                                                                        way say. Faingelarxis.,torest
                                                                                                 1,420                                            clustered around W1on
                                                                                                                                                  lkwxis. WO agncujiurW krWs are greatest in the
                                    Forest                                                       2.04
                                                                                                                                                  southern porftn
                                    Agriculture                                                  943                                                               of tw &"Wary mernatme


                                    Public Recreation                                                                            L
                                    OoearrAdlWent Ar"s number                                    30
                                    Boat Slips
                                    Beaches                          Miles                       45


                                    Discharges

                                    Point Sources
                                        Direct                lify of WWWWarar                                                                    Exck4w tw PG&E povm Oant ard raftactOrY.
                                                                                                           @l".................-..@'.-.""""""'I . . . . . . . . . . . . . . . . .a".:--i@@
                                          IndirW
                                    Nono-Point Sources        Off of waatlw                     175


                                    Research/Education
                                                                                                                                                  Exckada rw UA Fish ard WASIS research sladon
                                    Facilities                                                                                       ...          arW the U.C. UvIC09111410 Wssmh hic".

                                    Military
                                    Tn"V Areas                squaro nautical Miss               1,015

                                    ftm am rounded 10 OW nearest 10 Percent
                                    Aftmations: tigy-Won plons per yew., rML c6L YCIL-fnillon Wbic yoft












                   D. Boundary Alternative 3

                         1. Geography
                   This alternative is a variation of Alternative 2 with a
               boundary extension to the south (Figure XX). Specifically, the
               boundary extends south from the southern boundary of the preferred
               alternative, along the 500 fathom isobath (1,000 m) to a point due
               east of Cambria and then shoreward to the mean high tide level at
               Cambria.

                         2. Distinguishing Characteristics
                   Boundary Alternative 3 includes the central and southern
               regions of the study area. Excluding Alternative 5, it includes
               the highest concentrations of cetaceans, pinnipeds, fissipeds, and
               the largest fissiped range (Table X). The southern extension of
               the proposed boundary encompasses the California Sea Otter Refuge
               and contains major areas of kelp beds (equal to Alternative 5). It
               also has the second highest percentage of rockfish habitat, number
               of fish species (both equal to Alternative 4), and on-shore.
               prehistoric sites. This boundary encompasses approximately 89
               percent of the canyons. Because of the proposed alternative's
               southern extent, adjacent lands contain more forest lands and
               rangelands than the proposed Alternatives 1, 21 6, and 7 (Table X).
               It also receives more non-point runoff than those alternatives.
               The major commercial fishing grounds around Monterey Canyon are
               included within this proposal. About 120 billion barrels of oil
               and 190 billion cubic feet of natural gas are estimated to occur in
               submerged lands in this alternative.




























                                              111-9



















                                                 Morin

                                   P1.
                                    jq"
                        38o                                                                                        ......
                                                               Fw@

                                    CAN of NW F&WADnw
                                    AkWanal Mamw
                                    S&-VNY
                                                                         Son
                                                                                                                  rn1a,::

                                                                                         .......... .



                                                                    Santo C    a
                                                               so
                                                               CRQ
                        37' -


                               Proposed
                               Sanctuary
                               Boundary
                                                                                       San Senito



                                                                    ::@m ptsur
                                                                            Nava

                                                                               Umpt,          ray
                       36


                                                                                   CW so






                                                                                                                            ....... ..........
                                                                                                                          ....... ..
                                                                                                      sanw
                                                                                                                          ...............
                                                                                                      Obl"a

                                                                            sum whom
                                                                                                                               ..........


                       3S'-         Pacific Ocean

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


                                       1zr                       1zr                      121*                      12V


                               ï¿½ Boundary Alternative 3 establishes a Sanctuary of 3,125 square nautical miles

                               ï¿½ It borders 279 nautical miles of shoreline

                               - Federal and state waters account for 82 percent and 18 percent, respectively,
                                 of the proposed Sanctuary









            Boundary Alternative 3
            Summary of Resources

            Category/                Units      Amount Percent of Total within               Comment's
            Subcategory                                  Boundary Alternative
            Existing Protected Areas                     Is Ln nit  1.10 701 Me to 1 1001
             Parm            number of sites                                      IndudeastatehiabricparU.
                                                   3
                                                                                  Ircludes calliamia Sea Otter Gains Refuge.
             Reserves
                                                   5                              Oft are for Monterey, San Luis Ob*m and
              TOTAL
                                                   16                             Sants. Cma coun
                                                                                            ties.
             ASBS                                  6
                                                                                  AM sius are visa dassified as state parks,
                                                                                       or reser"s.
            Biological
             Inveriebrat"    number of phyfa       31
                             no. comm. kv. species 19    ...
                                                         ........... ... ...........
                             no. high concen. areas
                                                                                  kmWss ASSS areas plus Asdornar and Pt. Sur.
             Fish            number Of species     340
                                                         ..... .....
                             % rockfish habitat    72
                             % squid spown. habitat 51



                                                                      .... ... . .
             Turd"           numberofspedes,       4                              Usled spedes, am not normal ruMm is of the zone.
             Seabirdi;       number Of Species     94
                             no. of rookedestolories 17
                             % ho concW7. areas    5V7
                                                            . . . . . . . . . .

             F%alpeft        number of JMCNviduals 1,241
                                                                   a              Inckxles highest comoontradon of me otters mew
                             rww (nau ka, Md")     130                  No        Pt. PA&U awcas (camornia sea Otter Refuge).
             Pinnipeds       number of spedeS      5                              Excludes occasionally svwidW Gusidelupe Seeks
                             no. of rookedestoilortiesa
                             % ho concen. arm      79

             Cetaceans       number Of             2D
                             % JA0 rAJ 'r-I arm    02.                            C4neenvallon only r4kades Way whales. doWww
                                                                                  OWN, g.,

            Physical/Chomical
             Upwolling Zones number                2                              Offghors of PL Sur wW Ana Numo.
             Freshwater Input cubic ftwpor  d      1,167
             Water OuaNty
              MonilorkV Stations number            77                                 nuesured kubudes; cadn*m whid is
                                                                                  often = in hO   we  don due 10 natural
              Exceecling CrIWW number sinflons
                                                                                  Isourem

            Habitats

             Canyon          square noutical miss  W4
             Kelp            nmww Miles            201                            InCkwes all m"W kelp hOaft-
             WGIINXIIIII     square 0,             23



            Historical
             &Illvwreft      number Of amps        114                            sh" f sm not all VW
             PM01*11oft                                                           6 dkhow SW -PC @w4 VW Verded


            Bar* we rounded Io the nearest 10 PerceM
            ***M narkW zone
            Abbreviations: allarn.-WWnalve; ASMweas of Medal W10gical OVAMM.                0'4"Mor'Ant: no"M'








                                      Boundary Alternative 3
                                      Summary of Human Uses

                                      Category/                          Units               Amount Percent of Total within                                          Comments
                                      Subcategory                                                         Boundary Alternative

                                                                                                          i0l Sol al 401scia 76 to 101106
                                      Commercial Fishing

                                                                                                                                                    Ftspreserm kMings at the Pam of Monterey,
                                      Fishing Vessels           number'                            755
                                      Rocklish                  thousand dollars                   2,115                                            os.a Landing, and SWft Cruz. Landngs are to
                                      Salmon                                                       2,017                                            serne for boundary alternatives 1, 2. 3. 6, and 7.
                                      Total Value of all Fish                                      9,831


                                      Vessel Traffic/Dredging
                                      Convnercial shipping vesseftYaar                             3,9oo  7=                                        ewludgg UlvV veagais. I:xd idea vessels heading
                                                                                                                                                    north
                                      Dredge Disposal           cubic Wft"ar                       50,000                                               born San Fw-cam Say area. ExdWft I mil.
                                                                                                                                                           par yew of dredged and disposed A" off Of
                                                                                                                                                    CU.
                                      Dredging                  cubk ywftyear                      182,000                                            yda.
                                                                                                                                                    1GOMen Gate.


                                      Development
                                      Flesidential              Ufft"ar                            3,704                                            The everges raw ot develownimis beforw 1970 and
                                      Cornrnercial              bu*ft"ear                          202                                              jew pqxa*m ww development are greatest in
                                                                                                                                                                                  Includes Monterey and
                                      Population                thousand pefs"                                                                                  aW% the coast.
                                                                                                                                                    amod swda Cruz counties.


                                      Enorgy/Mining

                                      01                        millilon barrels                   120
                                      Natural Gas               Mon cuW Aset                       go
                                      Send Mining               cubk yarft"ar                      150,000

                                      Adjacent Land Use                                                                                             Loan W4s we concentrated in population centers
                                      urban                     squam flWas                        2`15
                                                                                                                                                    Iciuatered around Mon" fty. ParveldrW& for"
                                      Range                                                                                                              and egricAmw knds are greatest in the
                                      For"                                                         2,523                                            Wide.
                                                                                                                                                    souvwwn portion of "a SIWMWO.



                                      Public Recreation
                                      Ocean-AdISCOnt Areas rWnbw                                   43
                                      Boat Slips                                                   IAI
                                      Beaches                   lk@ Win                            at


                                      01schargas

                                      Point Sourose
                                                                                                                                                    The alithism *Nftmw Aft Only a nm@        W"oun'l
                                          Direct                bw Of Wntowater                    Is       . .....                                 of poird avow discharges (excludes PG&E 0" and
                                                                                                   9
                                          Indimet                                                                                                   relracwry). Flunoff korn tonest lands smunt for 0%
                                      Non-Poinl sources         bwof                               190       ..:
                                                                                                                                                    of mmy-point foul.
                                      ResearcWEducation                                                                                             Wckxks a resawch %djoes in            area.
                                      Facilities                nurnber                            13                                .. . ...


                                      Witary
                                      Trak" Areas               SqU&M nwowl M"                     1.030


                                      am am mundw ID *W nearest 10 PWCWIL
                                      Aftmiations: bgy-billlon gallons per yov: ML cu. yft-fviW OAC YGFdL











             E. Boundary Alternative 4

                  1. Geography
             This alternative is another variation of Alternative 2, but
        with a boundary extension to the north (Figure XX). Specifically,
        the boundary extends north from the northern boundary of the
        preferred alternative, along the 500 fathom isobath (1,000 m), to
        the border of the Gulf of the Farallones National Marine Sanctuary.
        The northern border of this alternative is then contiguous with the
        Gulf of the Farallones National Marine Sanctuary. The boundary
        then proceeds generally south along the mean high tide level,
        across the Golden Gate from Point Bonita to Point Lobos, but
        excludes Princeton Harbor in Half Moon Bay, until it rejoins the
        boundary of the preferred Alternative 2 at the northern boundary of
        Pescadero State Beach.

                  2. Distinguishing Characteristics
             Boundary Alternative 4 includes the central and northern
        regions of the study area,.   It contains the second highest
        percentage of squid spawning habitat and the second widest variety
        .of fish species (equal to Alternative 3) (Table X). The northern
        extension adds a high concentration of birds and invertebrates.
        This proposal also has the greatest number of reserves (excluding
        Alternative 5), including the Fitzgerald Marine Reserve, which
        contains a very diverse invertebrate community. This boundary also
        encompasses the most shipwreck sites and the largest number of
        canyons (89 percent of those in the study area). This is the only
        alternative with as many upwelling zones (3) as Alternative 5. It
        is also ranked second in total number of water quality monitoring
        stations. Because of its northern extent, it contains over 360
        billion barrels of oil and 550 cubic feet of natural gas (second
        only to Boundary Alternative 5) (Table X). This alternative
        includes important commercial shipping fairways that enter and exit
        San Francisco Bay. Lands adjacent to proposed Alternative 4
        include four major commercial fishing ports. The heavily populated
        communities that border the proposed Sanctuary are experiencing
        rapid commercial and residential development. Non-point runoff
        from urban lands is highest (excluding Alternative 5) in this area.
















                                        III-10




















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




                                                                  Nbrin


                                38'-
                                                                                    irlZ


                                                                                                                                              @:::::I ib
                                                S-CAWY                                                                  ........
                                                             Z





                                                                                               nta Clara


                                                                                    Cruz
                                37' -
                                                                                          gwft Cna
                                                                                                                                                             ...........

                                                                                                                                                                  @i.7i@
                                          Proposed
                                          Sanctuary
                                          Boundary
                                                                                                                    Son Bonito



                                                                                            4W





                                                                                                               PL
                                36--


                                                                                                               C*W am Mom:







                                                                                                                                     ......... ..
                                                                                                                                                     ...        ... ... .
                                                                                                                                       Obb"
                                                                                                                                                                      ....... . .....

                                                                                                     SNOB women


                                                Pacific Ocean
                                35' -

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

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


                                                     12r                               12r                               121'                             12W


                                          - Boundary Alternative 4 establishes a Sanctuary of 3,507 square nautical miles

                                          - It borders 267 nautical miles of shoreline

                                          - Federal and state waters account for 85 percent and 15 percent, respectively,
                                             of the proposed Sanctuary









                     Boundary Alternative 4
                     Summary of Resources
                     Category/                             Units              Arnount      Percent of Total within                                  Comments
                     Subcategory                                                           Boundary Alternative
                     Existing Protected Areas                                              i!iaft  3010 01,01MIn
                      Parks                     number Of silos                                                    77771          Includes State historic peft. Includes San Mateo,
                                                                                   3
                                                                                                                                         OY, and Santa Cruz counties.
                                                                                                                                  Moraf
                                                                                                                                  lnchx*s twe Fitzgerald Marine Reserve.
                      Reserves                                                     7
                       TOTAL                                                       18
                      ASSS
                                                                                           ..........                             AMS ofte are also da"f.*d Ga' state parks,
                                                                                                                                  rokmaes. of reserv9s,
                     Biological
                      invertebrates             morlber Of phyla                   31                       . ... .
                                                no. =11011 01p. specos             ig
                                                no. h0h Concen. aroas*
                                                                                                                                  IrCked" ASSS plus Asilornar, and PL Sur.
                                                                                           ..........

                      Fish                      number of spades                   340
                                                96 mcksaft hawtat                  73
                                                96 squid spawn. habitat


                      Turtles                   number of spades                   4                                              Listed Soecin We not morrnally resideft of zwoe.
                      seabirds                  number Of spades                   94
                                                                                                                          T
                                                no. Of fookedewcolonies            20
                                                96 NO concen. areas

                      Fissipotle                rxv"bdw of ftwi&ab                 746
                                                r&W (nauftel mdea)                 87
                                                                                                        .. . ... .....


                                                                                                                                  Exckxl" occasionally wanded Gusdak4oa sews,
                      PiMpeds                   number of spades                   5
                                                no. of rookedowtokrVes             a
                                                *4 him concen. areas               59

                      Getaceans                 number of species                  20
                                                56 ho concert. AV"                 71


                     Physic,al/Chornical
                      UpwookV Zones             number                             3
                                                                                                                              .............. Olkhore of Ana Nuevo. No Mom Ow. and PL Sur
                      Frestmaller Input         cubic AW per second                1,174   . . . . . . .
                      Water Quality
                        Monitairing Slations    number                                                                            CAN" Awa"W rcliudes cad""V%
                        Exceeding Cftft         numberstablorts                                                                   is  measured In Pigh concentration due 10 rethuld
                                                                                                                                  sourcea, contam second WfttM no of stations.

                     Habitats

                      Canyon                    square nauftainaw                  637
                      Keip                      nsuawmAss                          105
                      wellancis                 square n"                          23                                     j-@-


                     Historical

                      Shipwrecks                number of Afts                     3W                                                       M "diet
                                                                                                                                  I ofth". RepatedwWwrifle&
                      Preltil"ork:                                                 $31


                     Un we mumclied 0 ft nearest 10 Percent
                     *votrtin in@@ dal zone                                                                                  itL      AL     Deraid 0*0 '"M            V, OWSM
                                                                                                                               MW-P -ft             M       P     08;     -'rn
                     ft.-Muft; no.-m;                *Nwrft








                                 Boundary Alternative 4
                                 Summary of Human Uses

                                 Category/                       Units            Amount Percent of Total within                                 Comments
                                 Subcategory                                                  Boundary Alternative

                                                                                              ,@In 361-1 WIN 70100        ft 1 1001
                                 Commercial Fishing
                                 Fishing Vessels         number                         1,044                                     R   sent3 landings in 1966 at the ports of Monte",
                                                                                                                                  we
                                 Rockfish                thousand dollars                            ...........          777 mass ll-anding, and senta cra. Landings io,
                                 Salmon                                                                        ...... ....
                                                                                        4,095
                                                                                                                                  Princeton are as of 1 GIN.
                                 Total Value of Fish                                    14,673

                                 Vessel Traffic/Dredging                                                                          M commercial vessels (excitiding fishing) pass
                                 Commercial Shipping vessebyear                         9,000                                     through he aftermtIve. Northern extension indudm
                                 l3redg9 DOC"            cubic yarftyear                50,000                                    3 proposed dredge disposal adw Them stes could
                                 Dredging                cubic yardwyear            -182,000                                      receive up to 8 md. cu. ydL W yew. One &ite used
                                                                                                                                  for disposal of I mi. cu. yds. per yew of from
                                                                                                                                  GoWen Gate.


                                 Development

                                                                                                             ..........
                                 Pasidential             uniftyw                        6,975                                     The average rate of development between 1970 and
                                 Convmrcw                buddOlg&YOW                    329                                       190. Population and development are greatest in
                                 Populadon               exusandpersons                 1,235                                                along dw coast IrKhxW M&OM,
                                                                                                                                  communities
                                                                                                                                  Son Matoo. and Senta Cna counties.


                                 EnergyMning
                                 01                      m4on barrels                   360
                                                                                        50
                                 Naft" Gm                bAlion cubic feet                                           NO
                                 Send Mining             cubic yards"M                  150.0w


                                 Adjacent Land Use
                                 Urban                   qqW9 miles                     240
                                 Range                                                  1.166
                                                                                        2,33990
                                 Forest
                                 Agriculture
                                                                                                . . . . . . . . . .




                                 Public Recreation
                                 Ocean-Adocent Anm number                               92
                                 Boat so"                                               2.02                    P..
                                 Beaches                 rolimmi mfts                   40



                                 Discharges
                                 Point Sources                                                                     f
                                                                                                                                                       piwt W,4 retracwy 0 moss
                                                                                                                                           PG&E pe
                                                         bof of WMIDWSW                 2B                                        Excludes
                                                                                        22
                                     Irdrect                                                                   .......
                                 Non-PoinlSources bivollFwassillwaor                    230


                                 Research/Education
                                 Facilities              number                         11                                                 ft U.& Fah VW Wilidille reamch sation
                                                                                                                                      ft U.C. LAndek-M "Noamh beft.


                                 Wiftery
                                 Training Areas          squam nauftal Man


                                 am w* munded 10 V* newsat 10 PWAM
                                 Abbrawallilcm: bgy-billbon galillons pw year -L cu. ydL -millOn cubic Y6FdL












                     F. Boundary Alternative 5

                          1. Geography
                     This boundary alternative, also the study area,    is a composite
                of proposals 3 and 4 (Figure XX). The northern terminus of the
                boundary is located along the southern boundary of the Gulf of
                Farallones National Marine Sanctuary and runs westward to
                approximately 123*071W. The boundary then extends south in an arc
                which generally follows the 500 fathom isobath. At approximately
                37*031N, the boundary arcs south to 122*251W, 36*101N, due west of
                Partington Pt. The boundary again follows the 500 fathom isobath
                south to 1210411W, 35*331N, due west of Cambria. The boundary then
                extends shoreward towards the mean high-water line. The landward
                boundary is defined by the mean high-water line between the Gulf of
                Farallones National Marine Sanctuary and Cambria, crossing the
                Golden Gate from Point Bonita to Point Lobos. The harbors of
                Monterey (excluding Elkhorn Slough), Moss Landing, Princeton, and
                Santa Cruz are excluded from this alternative.

                          2. Distinguishing Characteristics
                     Species from 31 of the 33 invertebrate phyla have been found
                in this region. Within this boundary alternative there are four
                endangered species of turtles and 94 species of birds occupying 23
                rookeries/colonies (Table X). There are also five species of
                pinnipeds, including rapidly declining populations of Northern Fur
                Seals and Steller sea Lions, using nine rookeries/colonies.       This
                area also contains 20 species of cetaceans, many endangered. The
                alternative includes the California Sea Otter Refuge within its
                southern portion, as well as over 1,000 historical sites, 1,200 cfs
                ,of freshwater input, and 80 water quality monitoring stations.
                There are three major areas of upwelling of nutrient-rich waters
                and corresponding periods of high primary -productivity, along with
                large areas of kelp, wetlands, and canyons. The area adjacent to
                this alternative includes over one million people with residential
                and commercial development mainly along Monterey Bay (Table X).
                The largest point source discharges also are concentrated along
                this coastline. The 55 public outdoor recreation sites that are
                adjacent.to ocean waters in this altezmative provide beach access.
                In addition, several marinas found in the area provide access to.
                the Pacific Ocean.



















                                                  MOM


                        38--




                                    SAU*-Y






                                                          IV_        Santa Clara
                                                               salt

                        37* -                                       soft cma
                                                                                                   ...             ..... ...

                                                                                                 ........          .... ......
                               Proposed
                                                                            Lmdft                ......
                               Sanctuary
                               Boundary
                                                                        M-"             San Bonk*





                                                                  .......... fteva Pt
                                                                            adL


                                                                                LAPapt..
                        36--


                                                                                    C40 SM AAA%,



                                                                                        ft PS*M B*VM



                                                                                                       San Wit
                                                                                                                              -***........ . . . . . . . . . .
                                                                                                                                .....  .....
                                                                                                       aim"'

                                                                             saw waam


                        3S'-        Pacific Ocean

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


                                        12r                       12r                                                12r


                               - Boundary Alternative 5 establishes a Sanctuary of 4,095 square nautical miles

                               - It borders 362 nautical miles of shoreline

                               - Federal and state waters account for 83 percent and 17 percent, respectively,
                                  of the proposed Sanctuary









                         Boundary Alternative 5
                         Summary of Resources

                         Category/                                      Units                   Amount Percent of Total within                                                           Comments
                         Subcategory                                                                            Boundary Alternative 5

                                                                                                                 I OLM     n 1.0     wile     701 N     IS 1 1001
                         Existing Protected Areas
                             Parks                          number of sites                                                                                       Inch idee state historic Parks.
                             Rekws                                                                         3
                             Reserves
                                                                                                                                                                  Dow are Wwan Io
                                                                                                                                                                                         r Montsrelr. San Luis Obispo,
                                                                                                                                                                  San I"
                             TOTAL                                                                         20                                     .......                  too. and Santa Cruz counties.
                                                                                                                                                    .:'N'
                             ASBS
                                                                                                                                                                  AM oil" also classified              state Peow refugek
                                                                                                                                                                  Of reserves.

                         swogical
                             Inwiebrates,                   number of phyla                                31
                                                            no. comm. iaW. species                         19       ........                                      Concerttrabon areas 0clucle ASSS sites plus
                                                                                                                ........ ..
                                                                                                           9
                                                                                                                                                                  Asilornar, and Pt. Sur.
                                                            no. high oancen. araes*                                                            ............

                             Fish                           number of spades                               345
                                                            ï¿½ rockfish habitat                             100
                                                            ï¿½ squid *awn. habitat                          100

                             Turdes                         number of spades                               4                                                      Uslod qecos are not rorrnally residents of to zone.

                             Seabirds                       nurriber of Wades                              94
                                                            no. of                      Aies               23
                                                            % high concen. amas                            100
                                                                                                                                                                  Hiqkw corocentrailcm in norttwn ard central portions.

                             Fis@                           number of OKWidjale                      1.241                                                        Kom comentnition in Ow soutwrn porbom
                                                                                                                                           . .. ..........
                                                            rarV (nau *jl miles)                           130
                                                                                                                                           . . . . . . . . . . . . . . . . .


                             PWmipedo                       number of species                              5                                                      Excludes occasionally stranded Guadalupe Seale,
                                                            no. of mokedesicobdes                          9
                                                            % high concen. areas                           100

                             Cataosans                      numborofspedes                                 2D                        . . . . . . . . .. . . . .   One-M occur freWily wA boundary; six we on-
                                                                                                           100
                                                            % highoxwo anm                                                                                        dwqm (e.g. bkwfA r",hurnpbackright
                                                                                                                                                                  CArmw iricludes way whales, dolpftins and Ponx*xm

                         PhysWal/Chernical
                                                                                                                                                         .... ...                     worm@ No Moon Bay, VW PIL Sur.
                             UPWO&V Zones                   number                                         3                                                      00dwe of Ana
                             Ffestmater input               cubc AWPWSSCO#7d
                             Water Otaft
                              Monitatv stag"                number                                                                                                                       indWas cadmium w1ch a
                                                                                                                                                              i P.- Cift "wasured
                              Exosecling C411ena            numbersudwIs                                   39                                                            measured in ho concentration due to natural
                                                                                                                                                                  swircm


                         Habitats
                             Canyon                         squam nw*W mom                                 676
                             Kelp                           naudw mum                                      201
                                                            sqtmm orwes
                             Wedencle                                                                      23



                         Historical

                                                                                                                           0
                                                                                                                                                                         room" not so Vol
                             Ship Wrecks                    number Of gifts                                311
                                                                                                                                                                   6 ofthors. Slim P-               end vwM@d
                             P shialm                                                                      lie



                         IWOM @ ft &M Zone
                         Abbreviations: ASSSereas of sPMaJ I)WO01cal *W*kance. co-,caimnarcially: conom-con@n; bv-.Wude'. or43L--WWUM MD'-









                                         Boundary Alternative 5
                                         Summary of Human Uses

                                         Category/                              Units                Amount Percent.of Total within                                                 Comments
                                         Subcategory                                                                Boundary Alternative 5,

                                                                                                                    101 20   301 -01 0 1 #0 "1 a        ialiool
                                         Commercial Fishing

                                                                                                                                                       ...........
                                         Fishing Vessels              number                                1'0"                                                                          tow atthe ports of Monterey.
                                         Rockfish                     thousand dog&$                        2,481                                            ...            ng, and Santo Cnm Landings faf
                                                                                                                                                                      Lord
                                                                                                                                                                PrimetAn of$ "of I gas.
                                                                                                            4,095
                                         Salmon
                                         Total Value of all Fish                                            14,673


                                         Vessel Traff Ic/Dredging
                                                                                                                                                                   correrWe V            (-dWirig fthing) pass
                                         Coffirriercial Shipping vesselWyear                                9,000                                                        r" aftrnows.
                                                                                                                                                                                           Nothei extensionindudes
                                         Dredge Disposal              cubic yaMWAN                          50,000                                              3 pioposed di        dwoosel Ulm Thm Was couid
                                                                                                            182,000
                                                                      cubic yardayear                                         . . . . . . . .                   rem" up to & mill. cu. ydo, per yew. Orw siw Leo fbr
                                         Dredging
                                                                                                                                                                dismeal of I rrA. cu. ydo, per year of sard from
                                                                                                                                                                Golden Gate.


                                         Development
                                         AssidenUal                   undwyW                                6,975                                         1-71.77 The average rate of devoloprant between I M and
                                         Commercial                   bwilftwyear                           329                                                 1 M. Population and dvvftWrwt are great" in
                                         Population                   Umsand POPS"                          1 1;09=5                                            cornimnks along the coost Irx*A" Monterey,
                                                                                                                                                                Son Mateo, and Santa Cna counties.


                                         Energy/Mlnlng
                                         ON                           flWan barr"                           370                                                 00 and gas or* cormntrated in the northom Pan
                                         Natural Go                   bd#w cubic Awt                        500                       . . . . . . .             of Ahwm*e 5.
                                         Sarid Mining                 cuft Y&AIWYOW                         150.000


                                         Adjacent Land Use
                                         urban                        squam mAos                            242                                                 Forest lando accowt br almost orwWf of all Wrxk
                                         Range                                                              1,613
                                                                                                                                                                          to boundary Abirrebw 5. Lkben lands we
                                                                                                                                                                ad*koarit
                                                                                                                                                                "On"OrItraled
                                         For"                                                               2                                                                  a" Coast
                                                                                                            .620
                                         Agriculture                                                        967
                                                                                                                                      . . . . . . . . . .



                                         Public Recreation
                                         Oc"n-Adjacent Areas number                                                                                                        alternaWe contOm thill ff=t McMdOnAl
                                                                                                                                                                                tyll-opmew eltaboatelipeare
                                         BoalSlips                                                          2@=
                                         Beach"                       Ai WN Adw                             68                                                              ImWilllow OW. Almilmov WW Santa CAM


                                         Discharges
                                         Point Sources                                                                                                                                                              in Mom
                                              OkWI                                                          20                                              M@i: Esdudn the PG&E powe Oant and Oak
                                              Indirect                                                      22                                                  Lardng, PA" dediarg" M ba of                         am P
                                                                      b1W of WONWINOW                       245
                                         Non-Paint Sawoes



                                         Research/EducatIon
                                         Facillities                  number                                13                                                             all ffm*w me"nhioduadon locilmoo,
                                                                                                                     ,77










































                                         Tn"q Ar"s                    SqU&ro rWUVCNI MAIN 1,350

                                         Bora am iounded to the            t 10 poem -
                                         Abbreviations: bgy-WW gamone per year nK cu. yftT *Age ya@











             G. Boundary-Alternative 6

                  1. Geography
             Proposed boundary alternative 6 would begin at Pescadero Point
        and proceed on a southwesterly heading of 240* out to the seaward
        limit of state controlled waters (Figure XX). This alternative
        would then proceed south along the State Water boundary to a point
        of 2400 off Table Rock, where it then runs on a southwesterly
        heading of 240* to 360501N latitude. The boundary then proceeds
        due west along this latitude to a point 46 nmi from Moss Landing.
        Finally, the boundary moves southward along an arc drawn from Moss
        Landing, with a radius of 46 nmi, to 360101N latitude and then
        proceeds due east to Partington Point.

                  2. Distinguishing Characteristics
             Boundary Alternative 6 has similar onshore activities as
        alternatives 1, 2, and 7. It also has similar resource values as
        Alternatives 1, 2, 7, including the same number of water quality
        stations, historical sites, protected areas, and kelp beds (Table
        X). About one-half of the highly concentrated areas of cetaceans
        -within the study area are relatively equally distributed throughout
        this boundary. The fissipeds and pinniped rookeries/colonies are
        found mostly in the southern portion of this alternative. Unlike
        Boundary Alternative 1, however, it extends much further offshore.
        Consequently, it includes the major commercial fishing grounds
        around Monterey Canyon. This boundary was drawn to exclude Federal
        waters of high oil and gas resource potential and, as a result,
        less than one billion barrels of oil and only three billion cubic
        feet of natural gas are estimated to occur in the Federal submerged
        lands in this alternative (Table X).


























                                        111-12



















                                                                                                     hbrin


                                                 38* -



                                                                         Gut d Nw Fw*Vxw
                                                                         AA@MonM
                                                                         S&--Y
                                                                                                                                                                                                                    C.:       R
                                                                                                                                                                                                                                 fornis


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


                                                                                                 PE
                                                                                                                                                  nta Clara


                                                 37* -                                                                           CrUz                                                . .......



                                                                                                                                                                                             ............
                                                               Proposed
                                                               Sanctuary
                                                               Boundary
                                                                                                                                                                                   sm BWkO



                                                                                                                                                   Raw

                                                                                                                                                            PW&4VVftPi:

                                                                                                                                                                                      Monterey.
                                                 36* -                                                                                                                                                                      .......................
                                                                                                                                                                                                                                   ....                               ...........
                                                                                                                                                                                                                                                                      ...........


                                                                                                                                                                                                                                                                      ..........


                                                                                                                                                                                   AL AMU a

                                                                                                                                                                                                                                                                      .........

                                                                                                                                                                                                                                                 .......... ..
                                                                                                                                                                                                                 811h Lift.



                                                                                                                                                            &A* WOM -



                                                                                                                                                                                                                                         ....... .. .
                                                                                                                                                                                                                                   ...... .  ... ...
                                                 35* -                   Pacific Ocean
                                                                                                                                                                                                                                              ...... .. ................
                                                                                                                                                                                                                                                . ...... . ...... .. ...

                                                                                                                                                                                                                                  . . . .............   I...................
                                                                                                                                                                                                                                               . .............. . .............
                                                                                                                                                                                                                                                ......... .. .. . . ..........
                                                                                                                                                                                                                                        -xv.

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

                                                                                 1zr                                                  1zr                                                 121*                                                12V


                                                                   Boundary Alternative 6 establishes a Sanctuary of 1,506 square nautical miles

                                                                     It borders 182 nautical miles of shoreline

                                                                     Federal and state waters account for 63 percent and 37 percent, respectively,
                                                                    of the proposed Sanctuary









                    Boundary Alternative 6
                    Summary of Resources
                    Category/                        Units            Arnount    Percent of Total within                             Comments
                    Subcategory                                                  Boundary Alternative
                    Existing Protected Areas                                     I.J 3. 30LIA '50 [40 70 1 so So 1100]
                    Parks                 number of saps                    a                                       Ind
                                                                                                      777=    n.
                    Refuges                                                                                            udes state histooc paft.
                                                                            3
                    Reserves                                                     ...... -
                                                                            4
                     TOTAL
                                                                                                                    D" are lor Monterey and Santa Cruz countkis.
                    ASSS                                                    5
                                                                                                                    ASSS son also am Weo Cia"fied as state
                                                                                                                    Parks, refixies. or reser4se,
                    Biological

                                                                                   ..........
                    Invertebrates         number of Phyla                   31
                                          no. comm. iirnp. species          19
                                          no hwh corm aws,                  7
                                                                                  .... ..                           IMdUd- ASSS Pkis AsiWw and Pt. Sur.
                    Fish                  number Of Spedos                  333                   ......
                                          % rockfth habitat                 48
                                          % swid spawn. habitat             33


                    Turdes                number Of spedes                  4                                       LiGIVId SPSCM    not n0rmdJY nwdents of ft zone.
                                                                                         ... . .....
                    Seabkft               number Of spedos                  94
                                          no. of rookehes/colonlies         14
                                          % hO concen. arm                  31

                    FIselpeds             number of indftluars              746
                                          raw (nau kal Mdw)                 07

                    PInnIpedB             number of specos                  5
                                                                                                                     =tudu occasionally stranded Guatlalupe SaWs.
                                          no. of nookedestolorses           7
                                          % NO concen. Atreas               313


                    Cetaosans             nurriber Of species               2D
                                                                                                  "M
                                          % ho C07MA &-aas                  49


                    Physical/ChmIcal
                    Upwoffing Zones       numbeir                           2                                       OrMwe of PL Sur and Ano Nueva.
                    Freshwatw Input       cubic Am per socond               1,113               .......
                    Water Quafity
                     Morilotirg Staftne   nurnber                           75
                                                                                                                    Cdkwb measured    I I cadm*^ w! id is
                     ExceWing Criteria    number saffim                     30
                                                                                                                    often measimsd in rqh concentradon due to naboal
                                                                                                                    souMV&

                    Habitat$

                    Canyon                squ" naudew ffdm                  411
                    Ksip                  naudw md"                         105       @i.
                    Wedonds               squav md"                         23
                                                                                                               - - - - - -....



                    Historlml

                    ShVMVCks              number of s6s                     109    . . . . . . . ......             SlIn reportsc not d vwftt
                    Preftlork:                                              475                                     1 ofkhore; SiM WO 1814 and v


                    ewe am mKinded 10 ft nearest ic PVC)a
                    IWOM h so   2"
                    AbWevedons:                 ASSSweas of speekil Wobatal svtkerrw =--comi@f;
                    spmn- spew %








                                  Boundary Alternative 6
                                  Summary of Human Uses

                                  Category/                          Units             Amount     Percent of Total within                               Comments
                                  Subcategory                                                     Boundary Alternative


                                                                                                  10 30   3.
                                                                                                           J--
                                  Commercial Fishing
                                  Fishing Vessels          numbet                               755                                     %wees, a sindIngs &I ths, ports of Ilillarl",
                                  Rockfish                 thousand dOO&S                       2,115                                        Larmiling. and Santa Cniz. LarxkrW are ft
                                                                                                                                        Was;
                                  Salmon                                                        2,017                                   sam for boundary alternatives 1, Z 3, 6, and 7.
                                  Total Value of all Fish                                       9,831


                                  Ves"I Traffic/Dredglng

                                                                                                                                                                           hewiirq north
                                  Comercial Shipping vessebyew                                                                          Excludesi AWrkq vessels and vessels
                                  Dredge Disposal          cubic yanftYear                      50,000                                  horn San Fmndsco Say anss. Excludes I inil. cu. yds
                                  Dredging                 Cubit Y8AI&YOW                       -182,000                                per ym of dredgisd and disposed mind off of Golden


                                  Development
                                  Rm*bntiW                 umft"W                               3,794 7=                                The avierage rate of developinerit boti 1270 and
                                                                                                                 @ D-I
                                  Convnem;iW               buddingsye&                          202                                     1 M. Popullilliort and
                                                                                                  0"000"         4@                     CIN U win a"" co"t WIClUdes Monterey and
                                  Population               thousand Pam"                        585                                     iserrift CnSL Counties.

                                  Energy/Mining
                                  ON                       ftillion bairrels                                                            contains the low amount of od and W -wv-.
                                  Natwal Gas               bow cubc fee,                        3
                                  SwW Mining               cubic yards"ai,                      150,000


                                  Adjacent Land Use
                                  Urban                    squaire mdes                         213                                     Urbsin knds are concenvated in population oenten;
                                                                                                1,420                                   dustered wound Monterey %Y. Aling6ftn"
                                  Range
                                                                                                                                        b,,W lands, and agrocul" lands are greatest in the
                                  ForW                                                          2204
                                                                                                                                                                         ternallive.
                                                                                                                             10,        awthern Portion
                                  Agriculture                                                   945                                                     of he boundary &I


                                  Public Recreation
                                  Ocean-Adjacent Aron rNA7?bW                                   39
                                  Boat slips;                                                   1.511
                                  Beachn                                                        46
                                                                                                                                        a


                                  Discharges

                                  Point Sources
                                      Oirvct               bw of Wulowaller                                                             Represents dsd*(W frOm INCUM "'Alhin carilnsl
                                                                                                                                        ma Excludes the PW POINIM 0" Mind felfrocory.
                                                                                                9
                                  No*-PoinlSou"M bwalrWa"Maw                                    175   i@"

                                  Rosearch/Educatlan                                                                                    Ewkdn tw U.& Fish gind WNW - - - ch sW-
                                                                                                                          ..........
                                  Facillid"                                                                                                 #W LLC. Lodeb4a riessiarch %cft-


                                  Military
                                  Tralining Aron           squ"nWowma"                          OW4


                                  Sm airs rounded lo the newest 10 pwc@nL
                                  AbbMadons: bW-WNW OLIVIS Per Y4W: -L cu, yda.-Ilan cubic Ye#dL












                    H. Boundary Alternative 7

                          1. Geography
                    This alternative is a variation of Boundary Alternative 1,
               with a seaward extension over the Monterey Bay Canyon (Figure XX).
               Boundary Alternative 7 intersects Boundary Alternative 1 at
               longitude 122*W, then proceeds seaward along the 500 fathom isobath
               on the northern side of the Monterey Canyon.     This alternative
               then runs due westward along latitude 36*461N to longitude
               1220301W, then due south along longitude 1220301W to latitude
               36*301N.    The boundary then turns eastward to intersect with the
               100 fathom isobath off Point Lobos where it turns southward along
               the state water boundary line to eventually proceed shoreward off
               Partington Point.

                          2. Distinguishing Characteristics
                    Most resource values are similar to Alternatives 1, 2, and 6@
               It has one of the smallest percentages of rockfish and squid
               spawning habitats (Table X). It also has the second smallest area
               of canyon, as it focuses only on the Monterey Canyon. Higher
               concentrations of fissipeds occur in the southern section of this
               proposed alternative. Pinnipeds are concentrated in the central
               area and seabirds are mostly within the northern and central
               portions. Boundary Alternative 7 was designed to exclude all areas
               that were included in the Minerals Management Sale Lease Sale 119
               (now canceled). It contains 80 billion barrels of oil and about
               110 billion cubic feet of natural gas, the same as Boundary
               Alternative I (Table X). Most measures of human use are also the
               same as for Alternative 1.































                                                111-13
























                                                                                                                                                                                                                         ix
                                                                                         Agarin
                                                             P'. R;Y.
                                           38* -
                                                                                                                1FO

                                                                GO

                                                                S
                                                                    -ft-Y
                                                                   &
                                                                                                                                  son                                                                                     . .... ....




                                                                                                                           Santa Clara
                                                                                                                 so
                                           37* -                                                                 crM
                                                                                                                                                              . .. . . ........
                                                                                                                                                                                                                                 .......... . ..


                                                                                                                                                                                                                                    .... ......
                                                                                                                                                                     ...........
                                                                    PrOPOSed                       111MIM go-
                                                                                                                                       L&1A*V
                                                                    Sanctuary
                                                                    Soundaty
                                                                                                                                                            San Bonita
                                                                                                                                                                                              ..........
                                                                                                                                                                                               ...........
                                                                                                                                                                                             . ...........


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


                                                                                                                                                                                            ..........

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


                                                                                                                                                                          r   Y
                                           36* -                                                                                               1AVW RE,

                                                                                                                                                      OW 4@ Al'im







                                                                                                                                                                                                                                   .............
                                                                                                                                                                                                                                   .............
                                                                                                                                                                                       San U14:

                                                                                                                                                                                                                              ...........


                                                                                                                                         SWO WAMM



                                           3S* -
                                                                 PaCific C"O'Cusan


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


                                                                                                                                                                                                  .........                          ......
                                                                                                                                                                                                            ..........
                                                                                                                                                                                                                   I ................ .
                                                                       12r                                            12r                                           1210                                         1200


                                                        ï¿½ Boundary Alternative 7 establishes a Sanctuary of 844 square nautical miles

                                                        ï¿½ It borders 171 nautical miles of shoreline

                                                        * Federal and state waters account for 54 percent and 46 percent, respectively,
                                                            of the proposed Sanctuary









                        Boundary Alternative 7
                        Summary of Resources

                        Category/                                         Units                 Amount Percent of Total within                                                          Comments
                        Subcategory                                                                             Boundary Alternative


                        Existing Protected Ar"s
                            loafts                          number of silos                                                                                                     to historic Pa".
                                                                                                      3
                            I'laserves                                                                4
                                                                                                                ... . .. ........
                            TOTAL                                                                                                              ....... 1,
                                                                                                                                                                 Date am for Monterey and Santa Cruz counde&
                            ASSS                                                                      5
                                                                                                                                     ......... ....              ASSS sibe are also classified as state parks,
                                                                                                                          ........ . ...
                                                                                                                                                                 rehiaes, or reseries,
                        Biological
                            Invertebrates                   numberatphyte                             31
                                                            no. COMM. JiTIP. species                  19
                                                            no. high canon. ar"s                      7           .......... . .                                 kwWas ASBS OA PL Sur wW Asilarnar.

                                                                                                                                  X.
                            FISh                            number of                                 33.3                        1. :11::    ... ......
                                                            % nxkfth habitat                          21
                                                                                                      3S
                                                            A MWid WwrL habitat
                                                                                                                        . ..........

                            TWO"                            nwnbw of specilas                         4
                                                                                                                                                                 LIIIW skood" are, not I "Cy year-rof M, saw& ts,
                                                                                                                                  . .. .. .... ..........
                                                                                                                                       . . . ........

                            SQabIrdB                        nuf"berof                                 94
                                                            no. of                                    13
                                                            96 NO cancan. arew                        2=0

                            Fkalpeft                        number of kzWiduals                       746
                                                            nvip (nau" mdes)                          87

                            Pinnipeds                       MqWW of Species                           5                                                          E=kWm occasionally stranded Guedskme SmIL
                                                            no.                                       7
                                                            96 NO eanwL JrvW                          21


                                                                                                                                  . . . . . . . . . . . . . . . . . . . . . .
                                                                          sp@
                                                            % ho cW=M                                 27


                        Physical/Chomical
                            Upwel" Zones                    number                                    2                                                             -imme of PL Sur wW Am NLwm
                            Fmshwater Input                 cubic 6W per Second                       1.0"                                             ED
                            Watef Ouaft
                             MWftM*V stakne                 number                                    75                                                         C11401ria n"gaur9d Wckxks cadn*M w! id
                              ExceedkV Q@                   mffl*w SINUMIS                            30                                                         is Often rressured In NO concer*z6on We to
                                                                                                                                                                 naLra; eources,


                        Habitats
                            CAnyon                          squov nw*W Mies                           2"         @@M                                             Aftmatw vAth seMW WTW"t area Of CONVIA
                            Kelp                                                                      105
                            WelIffincle                     Square 0                                  23



                        HtWorical
                            ShWwrecka                       number Of afts                            109                                                        SM"ism             Mot so vwftd
                                                                                                      475                                                        1 O&MM. Sfts pm                       vwftd


                                    nxrdw 10 M"MM 10 P"co,
                        Nvem '"us k%W zone
                        Abbwations:                                AS63-arm of GPWW WO109" OW"ClIMM. wffm'00"@:                                                                        'M4MOeftnt no.-After








                                     Boundary Alternative 7
                                     Summary of Human Uses

                                     Category/                         Units               A     mount Percent of Total within                                  Comments
                                     Subcategory                                                       Boundary Alternative

                                                                                                        01 ul =I "1 01"        70 SO   -II-
                                     Commercial Fishing
                                     Fishing Vessels           number                            7%                                             Rape" WrAfMPWftPOftQfM",
                                     Rockfish                  Mousand dollars                   2,115                                          Um LandM and Saft Crur-
                                     Salmon                                                      2,017
                                     Total Value of all Fish                                     9,831


                                     Vessel Traffic/Dredging
                                     Comrnercial Shipping vessel&year                            3,900                                          Excludes tshing ve"s ad vessels heading norm
                                                                                                                                                ftm rAn
                                     Dredge Disposal           cubic yard"Oar                    so,                                                              Say mea. Excludes t ffa. cu.
                                                                                                 000
                                     Dredging                  cubic yam"ear                     182,000                                          yw of dred9od aid disposed sand off of Golden
                                                                                                                                                1W
                                                                                                                                                Gets.



                                     Development
                                                                                                 3,794                                          The     ego raw oll develoixTwnt berween IS70 and
                                     Rosidential               unks"W
                                     Convnercial                                                 202                                            IOM P"aAwn and dwelopmert are grealag in
                                     Population                iftousand permw                   585                                            cmorriurnIn along tw coast Includee Morterey and
                                                                                                                                                Sarm crur counlies.


                                     Energy/Mining
                                     ON                        frOw bar"                         W                                              Coniains &w satrw wr4unt as Boundary AftmIlve 1.
                                     Natural Gas               Milan cubk foet                   110
                                     S" Mining                 cubic yaids"ar                    150,000


                                     Adjacent Land Use
                                     Urban                     square md"                        213
                                                                                                                                                Urban Wrick we conoonfrated in populabon oenws
                                     Range                                                       1,420                                  i       cluslarod around Monwey Boy.
                                                                                                 2264
                                     For"
                                     Agriculture                                                 943


                                     Public Recreation
                                     Oc*ar,Ad*wl Areas nurnW                                     36                                                       A"MrAdves I and 7 hris ft faimst
                                     Goal Slips                                                  111311                                                 d 00mv4docard wea$ end =004 of bm&
                                     Bead*$



                                     Discharges

                                     Point Sources
                                          Direct               boy of Wasw#8W                                                                   Ewkxlw PG&E pmw plant wW reftec".
                                          Indkiect                                               9
                                     Non-Point Sources         bw Of Warlowsw                    175


                                     Research/Education
                                     Faciliffies               number                            I I                             .. . .....     Ewludes I* U.& Fish and Wldk N-tch IbWn
                                                                                                                                                and Ow U.C.- Landels4`11111 research


                                     Military
                                     LTn*" Aron                Square nwftw m"                   146
                                     Bars am rounded I* " rmmt 10 percent
                                     Abbwatione: bW-WIW GOMM Per Year; FTdL cu. yft-rrmon cube Mft












         II. Section: Recmlatory Alternatives

             A. Introduction

              Regulatory alternatives governing nine eight types of

         potential or current uses of the Sanctuary (oil, gas and mineral
         activities; discharges and deposits; possession, moving or injury

         of historical resources; alteration of or construction on the

         seabed; taking of marine mammalsp turtles and seabirds;

         overflights; "personal water craft"; vessel traffic; and fishing

         were evaluated in terms of need and effectiveness for resource

         protection.

              In formulating the proposed Sanctuary regulatory regime NOAA:

         first, analyzed the resources and human uses of the Monterey Bay

         environment; second, analyzed the existing regulatory regime with

         regard to protection of the resources and qualities of the Monterey---

         Bay area from possible harmful human activities; third, proposed

         alternative regulatory regimes, including relying on the existing

        .regulatory regime, to protect the proposed Sanctuary's resources

         and qualities; fourth, analyzed the environmental consequences of
         each regulatory alternative, including no additional action with
         Sanctuary designation, to the resources and qualities of the
         Monterey Bay area; and fifth, proposed draft regulations based on
         the preferred course of action, the one deemed necessary to protect
         Sanctuary resources and qualities.
              The choice of proposed regulations was not only based on the
         environmental consequences of each action and the constraints set
         by the MPRSA, which states in Section 304(c):


                                        111-14










               (1) Nothing in this title shall be construed as terminating or
               granting to the Secretary the right to terminate any valid lease,
               permit, license, or right of subsistence use or of access if the
               lease, permit, license, or right -
                    (A) was in existence on the date of enactment of the Marine
               Sanctuaries Amendments of 1984, with respect to any national marine
               sanctuary designated before that date: or
                    (B) is in existence on the date of designation of any national
               marine sanctuary, with respect to any national marine sanctuary
               designated after the date of enactment of the Marine Sanctuaries
               Amendments of 1984.
               (2) The exercise of a lease, permit, license, or right is subject
               to regulation by the Secretary consistent with the purposes for
               which the sanctuary is designated.

                    When the preferred Sanctuary action is either, not to include

               an activity in these nine categories or, to rely on the status quo

               to govern the activity (i.e..fishing and vessel traffic),, the

               activity would continue to be subject to ezisting regulations. In

               case of conflict with a Sanctuary regulation, the regulation that

               the Director of the office of Coastal and Resource Management deems

               more protective of Sanctuary resources and qualities would govern.
                    Each proposed Sanctuary regulation is stated below and
               described in terms of its impact to resources and uses. The status
               quo regarding each regulation is also' given in terms of existing
               laws, regulations and their impacts to the resources and uses of
               the Monterey Bay area. Table XX --un arizes these potential impacts

               in comparative form.



                                                                                                                 on Resources and Uses

                                                                                                                          (M) Polefflial Impact to Resources

                                                                                                                                                                                                                                                       ftvwv
                                                                                                                                                                                                                                                       Chenn        lialkiltalle
                                                                                                                          Existing         Primary 190,11                    lFbh              Turtles         llkwift Marine                          AffU.M       Corrion              4111)                                                              Marine
                                                                                                                          Protected Produr-                 krieft.                                                               Mural"Is             Water                                                                                                C411111rd
                                                                                                        lilsoulallaw Are"                                                                                                                              Quasi


                                                                                                                                                                                                            .........    .....                .........                                                                     ...... ...
                                                                                                                                                                                                                                                                  .. ........ ..                             . ........ ....
                                                                                                                          ....... ..........                                                                                                                   ...... ............
                                                                                                                                                                                                                                     . . ........
                                                                                                        IN and
                                                                                                        Gall

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

                                                                                                        WINIn


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

                                                                                                        that 9MOV
                                                                                                                                                                                                 ..... .....
                                                                                                                                                                                                                                                                    .. .. ...
                                                                                                                                                                                                                                           W.X.
                                                                                                                                                                                                                                                                                                                                                        _z::
                                                                                                                                                                          ........... .                                                                                                                                                                     M.
                                                                                                                                                                                                                                                                                                             ... .. .... y-,'.
                                                                                                                          . ... .. ... ... . .                                                         ... ... ....
                                                                                                                                        ...........0                                                       ...            .....                                                                                      k.-
                                                                                                        "blarlr4a


                                                                                                                                                                                                                                                                                                              'W' -
                                                                                                                      . .........
                                                                                                                                                                                                                                                                ..... ..............
                                                                                                                                                                         .. .. ....                             ... ...                                . ... .... ...
                                                                                                        All"IDn
                                                                                                        at etc.. tho

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

                                                                                                                                                             ....... .....
                                                                                                                                                           ............. .. . .
                                                                                                                                                                 NOW,
                                                                                                                                        ....................
                                                                                                                                                                                                                                                                                                                ..... ..      .........
                                                                                                                                                                                                                                   .. ........                                           . . . . . . .
                                                                                                                                                                                                                                                                     .... ......



                                                                                                                 ...... ...............
                                                                                                        Marnmall
                                                                                                        Birds,

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

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



                                                                                                                                        ..................
                                                                                                        OVI
                                                                                                                          . . . .... . ... .. .. ... ........................
                                                                                                                                                             .........                                                                                                                                   'M
                                                                                                                                                                                                                                                                                                                                          @'M
                                                                                                                                                      ... . . ....
                                                                                                                                            . ..... ........            .............. .... .. ..
                                                                                                                                                                                                                                                                            ... I        . .... . ..
                                                                                                                                                        .. . ......
                                                                                                                                                                                                                                                       ........ ...........
                                                                                                                                                                                                                                                       ....; ..................
                                                                                                                                                                                                          ....                       ....
                                                                                                                                              ........                            ....
                                                                                                                                                                                                                                              ........ ... .........
                                                                                                                                                                                                                                                                     ..............


                                                                                                        Thrill Craft

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

                                                                                                                                                                                                                                                                                               .. .. ...
                                                                                                                                        JOIN---                                 wl                                                                     0                                 N

                                                                                                                          ............................................................................................................... ... ...................................................... .                             .........................................
                                                                                                                                                                                                                                                       LogwW                             Potentia
                                                                                                                                                                                                                                                                                         Positive
                                                                                                                                                                                                                                                                                         Impact
                                                                                                                                                                                                                                                                                         Potentia
                                                                                                                                                                                                                                                                                         Negativ
                                                                                                                                                                                                                                                                                         Impact
                                                                                                                                                                                        *' NO










                                                                 (b) Potential Impact to Human Uses

                                                                                                                                        ShlWng/                                                                                                En-gW                                                                                                    ni .1
                                                                                                                                                "g                                                                                             Mning                                         WIN                                                                                                                            a SOWn
                                                                                                                   IK90                               lHarbors                            10recip           Urb@W                              Oil and        Jae"                T"               Tmftn I*hm                        IOVMMO             Ift fturw4pl. "n" Mn-ftM
                                                                                 Fishing           Ma&.             Manserg                                                                 DbpftW          IndIV811101                                         Mining            craft                             Via"no            (.clown)          (DbaC IMWW*o                      9wass
                                               ROO           La'ft -1....                                                                                            fredging                               Dev
                                                                                                                                                                                                                                                                                                                                                                                            ........ ....
                                                                                                                                                                                                                                                                                                                                 ...............
                                               66 ind                                                             ...............                       ........                                                        .......................                             . .......     ......                                'Z
                                               Gn


                                                                                                                                                                                                                                                                                          .M.A
                                                                                                                                                                                                                                                                                              W.W                                        .2
                                                                                                                                                                                  ....                                            .. ..
                                                                                                                                                                                                                                                                                                                                                   n'
                                                                                                                                             ...........
                                                                                                                                                                                    ............... .......
                                               Dbdw"
                                                                                                                                                                                                                                                                                                                                                              ..... ......
                                                                                                                                                                                                                                                                           ..... ......
                                               within


                                                                                      ..........
                                                                                                                                                                                                                                                                                                                                                                                    'I'MiN
                                                                                                                                                                                                                                                                                                      I.X -
                                               .............
                                                                                                                                                                                                                    ............ ...... ...... .
                                                                                                                                                                                                                                . . . . ....... .. . ......... .....
                                                                                                                                                                                                                                                                              . ...............
                                               lhd 11"m                                                                                                                                                                                                                                           .... ..
                                                                                                                                                                                                                                                                                                                                              .. ............... ..         .........   .. ................



                                                                                                                                                                                                                                                                                                                                     MI-K,
                                                                                                                                                                                                       ... .....
                                                                                                                                                                                                                               ...........
                                                  toriew                                                                                                           ... ..
                                                                                                                                                                                                                               ............
                                                                                                                                                                                                                                                                                                                                                                                          .............


                                                                                                                                                                          ..................... ... ...                                        -iiiii:ii@j
                                                                                                                                                                                                       . . . . .. . . . .
                                                  ............ .....                ......                                                                                                                                                                                                        x*
                                                                                                                                                .............................     ................
                                                                                                                                                      .... .........
                                               After4diDn                                                                                                    .....  . .................
                                                                                                                                                                                                                                                                                                                                                                          i:r
                                                                                                                                                                                                                                                                                                                                  I NI..%-..-.I.:-....-..

                                               Selbed
                                                                                                                                ........                                                                                                               ... :::::::::.:::Z
                                                                                                                                                                                                                                                                                                                                                                -INx,
                                               of 40c.. Ihe



                                               :p ... . ........
                                               Mii"is'                                                                                             . .......                                                                                                                                                                                                                                                      0.1
                                                                                                                                                                                            ................ ..
                                                                                                                                                                                                       . .. ...............                                                                                                          ..... ....... ..
                                                                                                                                                                                                                                                                                                                                                                                                         . ...........




                                                                                                                                    .......................      .. . . ......
                                                                                                                                                                                                       ... . ...... . .... .
                                                                                                                                                                                                                                               -----  ..... ...
                                                                                                                                                      ...........
                                                                                                                                                                                                                               ...... ...


                                               Ov"his
                                                                                                                                                                                                                                                       ..... ........ ...... .
                                                                                                                                                                                                                                                                                                                                           .......... ..... .........
                                                                                                                                                                                                                                                                                                                                                                                                                  ...........



                                                                                                                                                                                                                                                                                                                                                                                                   . . . . . . .. . . . . . . .. . . . . . . . . . .
                                                                                                                                                                                                                                                                                                                                                                                  ...... .........
                                                                                                                                                                                                                                                                                                                                                        'E' 11-10.@
                                                                                                                                                                                                                                                                                                                                                        ..... .....
                                                                                                                               ..........                                                              ..............                                                                                                                      X:





                                                                                                                                                                                                                         ...........                                ....                                              ..                                     . ............
                                                                                                                                                                                                                                                                                                                                                   .... ...........
                                                                                                                                                                                                            ...............
                                                                                                                                                                                                                                                      . ..... ..                                              ..... .
                                                                                                                                                                                                                                                                                                                                       MEMO
                                                                                                                                                                                                                                                                                                                 I


                                         ... .......                       ....... ...........       .............   ... . . . ..... ..............              ...... ......... ....................... ....     ....... . .       ....... ....... ........................                                                                                                                                   . ....... .. .
                                                                                                                                                                                                                                                                                                                                                                                                           IM"



                                                                                                                                                                                                                                                                                                                                                                                                             Mcbse










                    B. Oil. Gas and Mineral Activities

                         1. Status Ouo

                               a. Existing Regulatory Framework
                    Under this alternative the resource protection regime would
               rely on the Department of the Interior's Outer Continental Shelf
               (OCS) Natural Gas and oil Comprehensive Program 1992-1997, the
               proposed Sanctuary regulatory and management framework, and
               existing Federal statutes to provide protection to the Sanctuary's

               resources.

                    Department of the Interior, M MS, final rule for oil and gas
               and sulphur operations in the OCS,- (30 CFR Parts 250 and 256)
               provides the regulatory regime for more performance standards and

               new and updated requirements for operational and environmental

               safety. The use of Best Available and Safest Technologies is
               required by the Director of MMS to help prevent significant effects

              ,on safety, hea1th or the environment (30 CFR Part 250.22).

               Numerous regulations exist to help prevent blowouts during the

               different phases of oil and gas activities and which require

               adequately trained personnel during OCS operations.

                    Environmental review and the opportunity for the public

               comment take place prior to any hydrocarbon production under the

               provisions of the Outer Continental Shelf Lands Act and the

               National Environmental Policy Act. In addition, all lease sale

               activities in the OCS would require consistency with the State of
               Caliiornia Coastal Zone management Plan.    The eurrent GGS Gil &

               Gas 5-Year Leasing Plan ineludes X-Pase Sale jig and is surrently at-


                                               III-is











         the stage of gathering information for the preparation of a DEIG
	   for the Lease Sale.  The tracts considered for leasing are in the
	   northern area of the proposed Sanctuary.
              If areas within the Sanctuary are leased for hydrocarbon
         activities in the future, NOAA has authority to condition or deny
         approval for, as necessary, permits or other authorizations granted
         to operators (lessees or contractors) by other authorities for
         activities which are otherwise prohibited under Sanctuary
         regulations. Such conditions may include, but are not limited to,

         the establishment of a monitoring program and scientific research

         studies to measure the effects of hydrocarbon activities on

         Sanctuary resources and the restriction of discharges. Any

         conditions imposed by NOAA on other authorities' permits would be

         made in consultation with those agencies and the permitees.

              Finally, NOAA has the ability to enact emergency regulations

         to prohibit hydrocarbon activities, or any other activities, 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, on a temporary basis.

                        b. Impact to Resources

              Future Lease sale Plans in the central California Planning

         area and associated development may occur close to shore, near

         sensitive haul-out areas and in highly productive marine waters
         that are all part of the Monterey Bay ecosystem. The nationally
         recognized, sensitive marine resources of the Monterey Bay area,
         however, warrant more comprehensive, long-term protection from


                                        
 








               adverse environmental effects of oil spills, discharges and, noise
               and visual disturbance..

                    For example, a group of Aho Nuevo Basin tracts off San Mateo
               county, approximately 10 nmi due west of Afto Nuevo, were scheduled
               to be included in MMS's Lease Sale'#119 and are known to be of high
               oil and gas resource potential (Mullins and Nagel, 2982) (Figure
               XX). Due to the unique nature and environmental sensitivity of
               areas such as off of Aho Nuevo it seems additional safeguards are

               necessary to protect the proposed Sanctuary's resources and

               qualities. Presently, no administrative mechanism exists to

               permanently set aside such an important area.- For each sale, all

               tracts not already leased are reconsidered.

                    A recent NAS study (NAS, The Adequacy of Environmental

               Information for Continental Shelf Oil and Gas Decisions: Florida

               and California, 1989) as well as past EPA (1983) and NAS (1985)

               studies'have all examined whether there is adequate information

               available to determine the effects of oil and gas activities on the

               marine envirorament.   Although many ur=ertaLjntie_s still exist,

               .experience from recent oil spills shovs massive destruction to all

               levels of the marine environment from coating of rocks and

               subsequent loss of encrusting organisms, to fouling of birds,

               pinnipeds and sea otters resulting in loss of thermoregulatory

               ability, poisoning from ingestion and death.

                               c. ImRact to Usea
                    Development of the OCS for oil and gas resources will include
               an increase in the number of offshore platforms. Associated with


                                               111-17








         this direct development will be numerous indirect increases in
         human activities such as increase in vessel traffic, either
         servicing the platforms or transporting oil (unless pipelines are
         used to offload the discove red resources), increases in overflights
         from helicopters, increasing levels of discharges, and increased
         urban development. It is possible for this potential development
         to have a negative impact on fishing in the area and on

         recreational and tourist activities.



                   2. Sanctuary Alternative I

                        a. Sanctuary Action
              Under this alternative, a regulation could be promulgated
         prohibiting oil, gas and mineral activities within discrete areas
         in the Sanctuary. These areas could include, but are not limited
         to, geographical zones around Areas of Special Biological
         Significance, State Reserves, Beaches, Parks or other marine areas

         and habitats that are especially fragile and vulnerable to the

         effects of oil and gas activities. In addition, hydrocarbon
         activities maybe restricted and only permitted if executed with
         discharge and/or monitoring requirements. The monitoring
         requirement would be similar to the following:

              Within specified areas of the Sanctuary the operator (lessee)
              is required to submit a monitoring plan to assess the effects
              of oil and gas exploration, development and operations on the
              biotic communities of the Sanctuary. Monitoring
              investigations are to be conducted by qualified, independent
              scientific personnel, these personnel and all required
              equipment must be available at the time of operations. The
              monitoring team must submit its findings to the Minerals
              Management Service Regional Director (RD) (Pacific OCS Office)
              and the SRD in accordance with a pre-established schedule.

                                        111-18










                    The findings must be submitted immediately in case of imminent
                    danger to the biota of the Sanctuary resulting from drilling
                    or.other operations. If it is determined by the RD, in
                    consultation with the SRD, that surface disposal of drilling
                    fluids presents no danger to the Sanctuary, no further
                    monitoring of that particular well or platform is required.
                    If, however, the monitoring program indicates that the biota
                    of the Sanctuary are being harmed, or if there is any
                    likelihood that a particular well or platform may cause harm
                    to the biota of the Sanctuary, the RD and SRD shall require
                    implementation of mitigating measures such as: (1) the
                    disposition of all drill cuttings and fluids by barging, or by
                    shunting the material through a down pipe that terminates an
                    appropriate distance, but no more that 10 meters, from the
                    bottom, or (2) other appropriate operational restrictions.


                    This regulation would also require that a formal interagency

               consultation process between the SRD and MMS be established to

               oversee the monitoring process with the Sanctuary.

                              b. Impact to Resources

                    Many of the impacts discussed above under the Status Quo
               regime would still apply although particularly sensitive areas
               would be protected by eliminating development in specific zones

               around resources most at risk.

                              c, Impact to Uses

                    Increases in human activities associated vith offshore oil and
               gas development would still occur although at potentially reduced
               magnitudes. Conversely the predicted negative impacts to fishing'
               and recreational activities would be reduced.



                         3. sanctuary Alternative 2 (Preferred)

                              a. Sanctuary Action
               Exploring for, developing, or producing oil, gas or minerals is
               prohibited in the Sanctuary


                                              111-19











                        b. ImRact-to Resources
              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 of the area, are especially
         vulnerable to oil and gas activities in the area. 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. only
         partial protection vould be provided due to the remaining threat

         .from oil and gas activities outside of the Sanctuary boundaries and

         from vessel traffic, particularly oil tankers, transiting through

         and near the Sanctuary. A prohibition on mineral activities within

         the proposed Sanctuary is necessary to be consistent with the

         prehibitien regulation on alteration of or construction an the

         seabed as discussed below.

              The proposed regulation will prohibit activities in the

         Sanctuary which might otherwise result in chronic discharges,

         catastrophic oil spills, and various other activities associated

         with petroleum development which may harm wildlife (including many
         endangered species) within some of the primary foraging waters
         surrounding the major bird and pinniped rookeries and resting
         places in the area. The proposed prohibition of hydrocarbon

         activities will ensure continued absence of leasing in the
         currently deferred Federal OCS areas off Monterey and Big Sur and
         deferred state waters and add an additional layer o f protection to


                                         111-20











               environmentally sensitive areas such as off Aho Nuevo.

                   While it is clear that the natural resources and qualities of

               Monterey Bay are of National significance and value, scientific

               evidence and public opinion are still divided regarding the effects

               of oil and gas activities on,these natural resources and qualities.

               Due to the mandate of the MPRSA to protect these Nationally

               significant natural resources and qualities and the identified

               risks to these resources, NOAA is proposing to eliminate concern

               for any adverse environmental impacts that may occur in the

               Sanctuary from oil and gas activities by prohibiting these

               activities within the proposed Sanctuary boundary (approximately

               2,539 square nmi).

                              c. Impact to Uses

                   There is presently  no oil and gas development taking place in
               the study area. Lease Sale 119 has been canceled and no additional
               Lease Sales activity is proposed up to the year 2000. This
               prohibition would eliminate all future potential direct and
               indirect oil and gas industry activities in the area. However,
               activities such as tourisis and fishing should be beneficially

               impacted.
















                                              111-21












             C. Discharges or Deposits

                  1. Status Ouo

                       a. Existing RegMlatoKy Framework

             Numerous laws and regulations administered by many local,

        state and Federal agencies exist governing the contamination of
        ocean waters by discharges and deposits from a variety of sources,
        including, but not limited to: 1) discharges from point sources
        (which require a National Pollutant Discharge Elimination System
        (NPDES) permit) (e.g power, industrial, desalination and municipal

        wastewater treatment plants and oil and gas platforms); 2)

        discharges from non-point sources, (e.g. urban and agricultural

        runoff); 3) discharges of oil and hazardous substances (e.g. oil

        from vessel bilges and toxic chemicals) and overboard trash

        disposal (e.g. discarded fishing nets and plastic trash) and 4)

        ocean dumping e.g. (dredge material from harbor channels).

             The primary Federal, state and local laws, policies and plans

        governing di@--Iharges, include but are not limited to: the Federal

        Water Pollution Control Act (the "Clean Water Act", CWA); the

        Marine Protection, Research, and Sanctuaries Act (MPRSA); the

        Coastal Zone Management Act (CZMA); the Rivers and Harbors Act; the

        Act to Prevent Pollution from Ships, (and MARPOL, Annexes I-V); the

        Marine Plastic Pollution Research and Control Act; the

        Comprehensive Environmental Response, Compensation and Liability

        Act (CERCLA) including the National Contingency Plan; EPA's
        Administrative Regulations; the State of California Water Code,
        including but not limited to the California Porter-Cologne Water


                                        111-22









               Quality Act; the Fish and Game Code; the California Harbors and
               Navigation Code; the California Ocean Plan; the California Enclosed
               Bays And Estuaries Plan; the Water Quality Control Plan-San
               Francisco Bay Basin Region (2); the water Quality Control-Plan-

               Central Coast Basin Region (3).
                    Responsible agencies for implementing appropriate regulations
               and plans, include but are not limited to, the National Oceanic and

               Atmospheric Administration (IINOAAII), the U.S. Environmental
               Protection Agency ("EPA$) , the U.S. Corps of Engineers ("COE"), the

               U.S. Coast Guard (IOUSCGII), the California State Water Resources

               Control Board ("State Board"), the California Regional Water

               Quality Control Board, Central Coast Region ("Regional Board,

               Central Coast Region"), the California Regional Water Quality

               Control Board, San Francisco Bay Region, ("Regional Board, San

               Francisco Bay Region"), the California Coastal Commission (11CCCII),

               and the Association of Monterey Bay Area Governments CIAMBAGII).

                                    (1) point source DischargAs

                    NPDES permits are required by all dischargers, municipal and

               industrial, that discharge to "vaters of the Nation". The SWRCB

               and the RWQCBs are responsible for the protection of the quality of

               the State's waters through the development of water quality control

               plans and the issuance of waste discharge orders. Pursuant to

               section 402 of the CWA and Section 13370 of the California Water

               Code,. EPA has approved the State's program to issue and enforce
               NPDES permits to ensure, to the greatest extent possible, that
               discharges to surface waters do not adversely affect the quality


                                                111-23










         and beneficial uses of the such waters. The State issues NPDES
         permits in accordance with a Memorandum of Agreement (MOA) between
         the EPA and the State Board. Regional Board staff prepare the
         permit and the State Board and EPA may comment upon, or object to

         the issuance of, a permit or the terms and conditions therein.

         Neither the State Board not the regional Boards adopt or issue an

         NPDES permit until all objections have been resolved pursuant to 40

         CFR 123.44 and the MOA.

                              (2) Non-Point Source Discharges (NPS)

              EPA has provided the State of California guidance on

         implementing the provisions of EPA's Antidegradation Policy (40 CFR

         131.12) which is applicable to Non-Point Source (NPS) Pollution as

         well as Point Source Pollution. Specifically, "where high quality

         waters constitute an outstanding National resource, such as waters

         of National and State Parks and wildlife refuges and waters of

         exceptional recreational or ecological significance, that water

         quality shall be maintained and protected" (40 CFR 131.12 (a) (3)).

         The NPS provisions of the CWA 2 5(j), 208, 303(e) and 319 are
         subject to the antidegradation policy and EPA is developing

         additional guidance in this area.
              AMBAG has prepared a Non-Point Source Pollution Program Manual'
         pursuant to the CWA 208 studies, with recommendations to guide
         local governments and other agencies in preparing effective control
         ordinances and BMPs for erosion and sedimentation, and urban and
         agricultural runoff, and is continuing to manage studies on non-
         point source pollution under the CWA 205J.


                                         111-24










                    The State of California's 319 Non-Point Source Pollution Plan
                approved by EPA pursuant to the CWA identifies within State
                coordination for NPS by SWRCB to be with the U.S. Agricultural
                Stabilization and Conservation Service, U.S. Soil Conservation
                Service and California Department of Transportation. Under the 319
                Plan it is predicted that the Regional Boards will develop policy
                for NPS from (1) voluntary implementation of Best Management
                Practices (BMP) (such as those enumerated for NPS agricultural and

                urban issues in the Report to Congress: IINPS Pollution in the
                United States, Report to Congress, 1984"), (2) Regulatory based

                encouragement of BXP's, and (3) effluent limitations.

                    The CCC retains permanent jurisdiction and requires a coastal

                development permit for actions over lands of the coastal zone

                including the immediate shoreline (tidelands, submerged lands, and

                public trust lands) under the provisions of the California Coastal

                Act (CCA) of 1976 (Cal. Pub. Res. Code 3000- et se .) pursuant to

                the authority of the CZMA. In addition, the CCC retains appeal

                jurisdiction for certain types of development in certain areas

                where a local government has a certified Local Coastal Program

                (LCP). Several of the CCC policies provide special consideration

                to the resources and qualities of the Sanctuary including but not

                limited to, (1) providing special protection to areas and species
                of special biological or economic significance, and requires that

                uses of the marine environment shall be carried our in a manner

                that will maintain biological productivity (CCA, Section 30230)1
                (2) limits dredging and filling in coastal waters to situations


                                               111-25










         where "there is no feasible less environmentally damaging
         alternative" and where is related to specific listed purposes (CCA,
         Section 30233), (3) authorizes the protection of environmentally

         sensitive habitat areas ."against any significant disruption of

         habitat values" and against impacts from adjacent development which

         would "significantly degrade" the area (CCA, Section 30240), (4)

         considers the secondary impacts resulting from the increase in

         power production needs for desalination plants (CCA, Section

         30253(4).

             Finally, the Omnibus Budget Reconciliation Act, 1990, P.L.

         101-508, Section 6217(g) requires the Administrator.of EPA in

         consultation with the Secretary of Commerce and the U.S. Fish and

         Wildlife Service and other Federal Agencies, to publish guidance

         for specifying management measures for sources of NPS in coastal

         water for each state with an approved coastal zone Management
         Program; and Section 6217(b) requires the State to provide for
         implementation, at a minimum, of management measures in conformity
         with the guidance of (g) and implemented through the State coastal
         zone management program under the CZMA, and the section 319 program
         under the CWA to protect coastal waters from non-point source
         pollution from adjacent coastal land uses, and to protect
         designated critical areas through additional management measures.
                             (3) Hazardous waste, oil and trash disposal
              Discharges of oil and chemical waste are regulated under
         provisions of the Act to Prevent Pollution from Ships of 198.0, as
         amended in 1982 and 1987 (33 U.S.C. ï¿½ï¿½ 1901 &t "e .) and under


                                        111-26










               CERCIA, with the Coast Guard designated as the lead agency for
               implementation of procedures under the National Contingency Plan in

               coastal and ocean waters.

                    On October 27, 1988 the USCG announced a Notice of Proposed

               Rule Making that would implement the pollution prevention

               requirements of Annex V of the International Marine Pollution

               Convention, MARPOL 73/78 (53 FR 43622). These proposed regulations

               are expected to reduce the incidence of discharges of plastics and

               other ship-generated garbage into the marine environment.

                                    (4) Ocean dumping

                    The COE has permitting authority over dumping of dredged
               material in coastal and open ocean (section 103 bf the MPRSA) with

               determination to issue a permit being subject to review and

               approval by EPA, while section 404 of the CWA controls the actual
               discharge of dredged or fill material.
                    Under Title I of the MPRSA regulation of ocean dumping
               provides for special recognition of Nationally significant marine
               areas, such as marine sanctuaries under Title III.

                              b. Impact to Resourges
                    Although water quality in the nonterey Bay area is considered
               to be good there is evidence of potential water quality limited
               segments and there exists an increasing public demand to address
               the decline in the health and productivity of our Nation's coastal
               and ocean resources.' It has been recommended by the U. S. Of f ice of
               Technology Assessment that it is necessary to identify waterbodies
               needing additional management such as the Monterey Bay area where


                                               111-27











         increased population pressure on the coastal zone and associated

         point and non-point sources of pollution such as toxics and

         nutrients, threaten the water quality and all resources of the

         Monterey Bay area without additional deliberate protection.

              Benthic habitats will continue to be threatened by proposed

         designation and use of ocean disposal dump sites in the Sanctuary.

         Water quality is threatened from existing and proposed nutrient and

         metal loading from sewage treatment plants. Point and non-point

         sources pollution has also caused the closure of shellfishing beds

         in the Monterey Bay area and continues to threaten productive

         coastal habitats such as estuaries and sloughs through
         eutrophication and toxic loadings of metals, pesiicides and

         herbicides. Coastal and offshore species of fish, seabirds and

         marine mammals, particularly the sea otter, are threatened from

         garbage and disease from contaminated food and contact with

         pathogenic organisms.

              Proposed desalination plants in the Monterey Bay area would
         cause a variety of potential environmental impacts depending on the
         final location and type of operation. A seawater desalination
         pl ant requires a coastal groundwater or ocean source of water, a
         means of disposing of the waste brine, which may require an outfall
         pipe and a distribution system of the potable product water.
              operation of a desalination plant causes a complex discharge
         to the ocean environment from pre-treatment of the feedwater,
         effluent from pipeline flushing, Reverse osmosis (R/0) membrane
         cleaning solutions, and the disposal of concentrated brines.


                                        111-28








               According to the DEIR for the City of Santa Barbara's Temporary
               Emergency Desalination Project there are several chemicals used
               during the desalination process which could pose a hazard to the
               environment including, chlorine, sulfur dioxide, sodium hydroxide,
               ferric chloride, carbon dioxide, antiscalent, zinc orthophosphate,
               and polyelectrolyte.
                    Pretreatment of feedwater involves not only filtering to
               remove sand and other particulate matter but also addition of
               chlorine and carbon dioxide for Ph reduction and ferric chloride
               for coagulation of suspended solids. Frequent (once every three
               days) filter backwashing and membrane cleaning with alkaline
               cleaners remove organic fouling. Brine disposal involves discharge
               of seawater at approximately 1.8 times background seawater

               salinity.

                    The discharge from the plume, as well as any pipelines may

               also alter the natural currents-in the area. Air emission would

               also increase due to the production of energy for use in

               desalination plants.

                              C, JaRAct to Uses

                    The status quo will continue to provide for increasing urban.

               and agricultural use adjacent to the Monterey Bay area which in

               turn will cause additional sources of point source and non-point

               source pollution. Urban population increases are predicted in the

               coastal zone of Monterey Bay and agricultural land use is expected

               to continue at least at current levels under the status quo. The

               status quo regime for discharges will not negatively impact these


                                              111-29











         uses of the Monterey Bay area based on considerations of the
         cumulative impact of these activities on the resources and

         qualities of the Monterey Bay area ecosystem.
              Desalination plants not only have the impact of producing
         freshwater for local communities but may also have the side-effect
         of disturbing recreational activities in vicinity of the area. In
         addition proposals to mix the discharge effluent with existing

         municipal dischargers may cause difficulties with enforcement

         because the recipient of the desalination discharge will become

         responsible for the compliance with the regulatory requirements.



                    2. Sanctuary Alternative (Preferred)

                        a. Sanctuary Action

              Discharging or depositing, from within the boundaries of the
              Sanctuary, any material or other substance is prohibited
              except:

                    (1) fish, fish parts, chumming materials or bait used in
                    or resulting from normal fishing operations in the
                    Sanctuary;
                    (2) biodegradable effluent incidental to vessel use
                    generated by marine sanitation devices appreved by th-e
                    U.S. eeast Guard in accordance with the Clean Water Act
                    Section 312, 42 USC 1322 It geg.;
                    (3) water generated by routine vessel operations (e.g.,
                    cooling waterr greywater and deck washdown) excluding
                    bilge pumping;
                    (4) engine exhaust;
                    (5) sinkable training devices and ordinance discharges by
                    the U.S. Military in designated Military operating areas;
                    (6) routine discharges associated with mariculture
                    operations at magnitude, frequency and quality levels
                    existing as of the date of designation;
                    (7) routine discharges associated with mariculture
                    operations after the date of designation provided the
                    mariculture operation is certified by NOAA is accordance
                    with Section 944.10;
                    (8) dredge material disposed of at the designated SF 12
                    and SF 14 dump sites off of Moss Landing at existing

                                         111-30









                          magnitudes, qualities and frequencies and provided such
                          disposal is certified by NOAA in accordance with Section
                          944.9. All new disposal of dredge material within the
                          Sanctuary and designation of new dump sites is
                          prohibited;
                          (9) point source discharges from, including but not
                          limited to, municipal waste water treatment, power,
                          desalination and industrial plants provided such
                          discharge, if existing as of the date of designation, is
                          certified by NOAA in accordance with Section 944.9 and if
                          after the date of designation, is certified by NOAA in
                          accordance with Section 944.10. NOAA encourages existing
                          facilities to decrease their discharge and increase their
                          performance due to the presence of a National Marine
                          Sanctuary.   Municipal treatment plants will be required
                          to have at least secondary treatment capabilities and
                          tertiary or greater as appropriate or necessary depending
                          on the risk to Sanctuary resources and qualities. The
                          cities of Santa Cruz and Watsonville, which currently
                          discharge primarily treated sewage, would therefore be
                          required to upgrade to at least secondary treatment.
                          Discharge by these cities at primary levels of treatment
                          will be allowed ufitil expiration of existing permits.
                          Upon requests for renewal of their permits in accordance
                          with Section 944.9 NOAA will require, as a condition of
                          certification, that the treatment be upgraded to at least
                          secondary levels.
                          (10) Nov discharges from desalination facilities will not
                          be prohibited, but rather will be subject, in.
                          consultation with appropriate local, state and federal
                          regulatory agencies, to NOAR review and approval in
                          accordance with Section 944.10.

                    Discharging or depositing, from beyond the boundaries of the
                    Sanctuary, materials or other substances, other than those
                    listed in (1-10) above, that subsequently enter the Sanctuary
                    and injure a Sanctuary resource or Sanctuary quality is
                    prohibited.

                               b. rmpact to Resources

                    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, such as but not
               limited to, trash and oil disposal by vessels and pollutant loading
               from adjacent urban and rural land use practices.
                    By maintaining the high water quality of the Monterey Bay area

                                               111-31









         the organisms responsible for primary productivity at the base of
         the food chain will be protected. Coastal wetland, slough and
         estuarine habitats will be protected from the direct affects of
         pollutant loadings. Benthic biota will be protected especially
         from smothering and turbidity increases,from.the dumping of dredge

         material. Fish, seabirds, turtles and marine mammals will be

         protected from direct negative impacts such as entanglement in
         discarded trash and infection from degraded water quality and

         benefit from the indirect affects of protected habitats and

         enhanced prey abundance.

                        c. Impact to Uses

             overall the impact of this regulation on human uses as well as

         the Sanctuaries resources and qualities is expected to be

         beneficial. No existing human uses will be terminated with

         designation and in the long-term many activities such as fishing,

         mariculture and tourism will continue to benefit from the

         maintenance of the high water quality of the area.

           .. NOAA will work within the existing process, rather than create

         a new regulatory review and approval procedure, governing discharge

         activities in the Monterey Bay NMS area and coastal watersheds.

         Thus, NOAA intends to minimize any additional administrative burden
         on those dischargers that are required to obtain a National
         Pollutant Discharge.Elimination System (NPDES) permit or a Waste
         water Discharge Requirement (WDR) permit for discharges that affect
         or may affect the Monterey Bay NMS while at the same time ensure
         the existing process addresses the special concerns of the


                                        111-32










              Sanctuary and its resources and qualities.
                   In addition, a close working relationship between the

              Sanctuary and existing authorities and affected users will

              necessitate the identification and exchange of information    relevant
              to the parties mutual goals for the maintenance of the area's high

              water quality and the protection and conservation of natural

              resources and qualities of the Monterey Bay area.

                   NOAA is in the process of developing a Memorandum of Agreement

              (MOA) between Federal, State and Local water quality management

              agencies to determine specific procedures by which the goals of the

              Sanctuary would be achieved by using the existing discharge

              permitting process. NOAA intends to work at the earliest stages of

              the permit application process, such as during the preparation of

              required environmental impact analyses, with both the relevant

              discharge authorities and the applicant in an effort to understand

              and address mutual concerns and accomplish the parties varying

              objectives.

                   Consistent with the MPRSA primary objective of protecting the

              Sanctuary and its resources, section 301 (b) (5) of the MPRSA, 1.6
              U.S. C. ï¿½ 1431 (b) (5), the Sanctuary regulations address discharges
              within the Sanctuary boundary (15 CPR 944.5(a) (2)) as well as those
              discharges outside of the Sanctuary boundaries which may enter and
              injure Sanctuary resources and qualities (15 CFR 944.5 (a) (3)). All
              discharges classified under the CWA as "discharges into the waters

              of the Nation" are included under the scope of Sanctuary

              designation 15 CFR 944.5(a)(2)-(3)-


                                               111-33









              In accordance with section 304(c)(1) of the MPRSA, 16 U.S.C.
         1434(c)(1), NOAA may regulate existing permits through
         certification which may include imposition of terms and conditions
         consistent with the purposes for which the Sanctuary is designated.
         Regulation of new discharge permits issued after the date of
         designation will be subject to the review process which may include
         added terms and conditions or objection to issuance, as necessary
         to protect Sanctuary resources and qualities. Any application for
         an amendment, renewal or extension to an existing discharge permit
         will be considered as a new discharge permit.

              Specific impacts to uses of the area that involve discharge

         into the Sanctuary area are discussed in more detail below.

                              (1) Vessels

              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.

              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 exceptions to this regulation are

         designed to allow continued use of the Sanctuary by vessels that do

         not appear to threaten Sanctuary resources and qualities. Thus,
         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 specifically exempted

         from the prohibition.


                                         111-34










                                   (2) Dredge Disposal Activities
                   The regulation would allow, with NOAA certification, existing
              disposal of dredge material at current magnitudes, quality and
              frequencies at existing disposal sites off of Moss Landing and only
              prohibit proposed additional dumping and the disposal of dredge
              material within the sanctuary.

                   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 and maintenance dredging

              at existing magnitudes and frequencies in the Sanctuary is exempt

              from the Sanctuary regulations. NOAA can work within the existing

              regulatory process to ensure that the requirements for ocean dredge

              disposal at existing sites are in place, enforced and adequate to

              protect the resources of the Sanctuary. The Sanctuary requirement

              of certification of existing permits will assure.review for

              possible impacts without imposing undue burdens, however, the

              regulation may impose additional costs by requirinq. the use of more
              expensive methods of dredge disposal or even disposal at

              alternative sites on land if evidence shows that current dredge

              disposal activities injure Sanctuary resources and qualities.

                                    3) Pgint Source Discharges
                   Discharges and deposits from point sources into the Sanctuary,
              pursuant to any permit executed as of the effective date of these


                                              111-35









         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, industrial and power plants 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.

              New proposals for permits, licenses, or other authorizations

         after the effective date of Sanctuary designation allowing the
         discharge of municipal sewage, industrial, power, or desalination
         effluent will be subject to Sanctuary regulatory prohibitions to

         ensure that Sanctuary resources and qualities are protected from

         injury.
              When existing permits are submitted for renewal, and reviewed


                                        111-36










              as a new permit, NOAA will evaluate the activity to determine the

              extent of any negative effects to water quality or natural

              resources and whether the activity has complied with its permit

              standards and potentially decreased its discharge and increased its

              performance due to the presence of a National Marine Sanctuary.

                   Consistent with the antidegradation policy for outstanding

              national resource waters only new point source dischargers,

              including desalination activities, that are proven by the

              discharger to maintain the existing water quality and do not injure

              Sanctuary resources or qualities would be allowed. In addition,

              -and consistent with the Clean Water Act the Sanctuary will require

              at least secondary treatment and preferably tertiary or greater for

              municipal treatment plants depending on the risk to Sanctuary

              resources and qualities.

                   The cities of Santa Cruz and Watsonville, which currently

              discharge primarily treated sewage, would therefore be required to
              upgrade to at least secondary treatment. Discharge by these cities
              at primary levels of treatment will be allowed until expiration of
              existing permits. Upon requests for renewal of their permits NOAA
              will require, as a condition of certification, that the treatment
              be upgraded to at least secondary levels.
                   Nov discharges from desalination facilities will not be
              prohibiteds but rather will be subject, in consultation with
              appropriate locall state and federal regulatory agenciest to NOAA

              review and approval.
                   This regulation could thus result in additional costs to


                                              111-37











         existing and future dischargers if the Sanctuary were to determine

         that a higher level of treatment or other, more expensive disposal

         methods were preferable in order to ensure Sanctuary resources and

         qualities are protected. However, the requirement of Sanctuary

         certification or other approval of permits for point source

         dischargers will ensure that these potentially harmful activities

         receive special consideration from the Sanctuary viewpoint.

                             (4) Non-Point Source Discharges (NPS)

              Land based NPO discharges within watersheds adjacent to the

         Sanctuary that drain into the Sanctuary would be monitored to

         ensure the activity is consistent with.the goals of the Sanctuary

         and that Sanctuary resources and qualities are protected. If

         evidence arises that Sanctuary resources and qualities are

         threatened, NOAA intends to work with existing regulatory agencies

         and responsible parties to determine appropriate measures to
         prevent the threat of injury to Sanctuary resources and qualities.
              As existing mariculture and aquaculture sites do not seem to
         pose a threat to sanctuary resources and qualities at current
         magnitude, quality and frequency of discharge, these activities are
         exemp t from the regulation and no certification of existing permits
         is required. However,, to ensure that any new and proposed
         mariculturo and aquaculturo sites, after the effective date of
         sanctuary designation, also do not threaten Sanctuary resources and
         qualities due to discharges into the Sanctuary, they would be
         regulated by the Sanctuary in accordance with Section 944-10.



                                         111-38












                    D. Historical Resourc s

                          1. Status Ouo

                               a. Existing Regulatory Framework

                    Under this alternative any historical resources (as defined by

               Sanctuary Program and Sanctuary regulations to include, inter alia,

               archeological, paleontological, or cultural resources) would remain

               subject only to the existing management regime, including the

               National Historic Preservation Act of 1966 (NHPA), 16 U.S.C. 470 -et

               geq., the Archeological and Historical Preservation Act of 1974, 16

               U.S.C. 469 gt "e ., the Abandoned Shipwreck Act (ASA) of 1987, 43

               U.S.C. 2101 e
                            ,_t_ &e_g., and the Archeological Resources Protection Act

               of 1979 (ARPA) , 16 U. S. C. 470aa et ggg. , and, with permits provided

               by the State Lands Commission for those historic resources in State

               waters, pursuant to the Shipwreck and Historic Maritime Resources

               Program of 1989, enacted by the State legislature as Chapter 732,

               in accordance with the ASA.

                               b. ImRact to Resources
                    Existing regulatory authorities provide some protection for

               underwater historical or cultural resources. California can
               register sites as either "points of interest" or "land marks*, and.
               the latter designation provides some protection to sites in State

               waters.
                     Proposed guidelines published by the National Park Service (54
               FR 13641) would assist the states and kederal agencies in
               developing legislation and regulations to carry out their
               management responsibilities regarding shipwrecks in accordance with


                                                111-39











        the provisions of the ASA.

             The NHPA mandates that federal agencies consult with and
        Advisory Council on Historic Preservation before engaging in any

        undertaking that could effect historic resources.   Consultation

        with the expertise of this Council provides Federal agencies with
        an opportunity to ensure their proposed activities are technically

        adequate and that any plans to salvage historic resources take into

        account Preservation requirement for the long-term protection of

        the resources.


             The State Lands Commission in association with the State

        Historic Preservation Officer (SHPO) can nominate appropriate sites

        and vessels'for listing on the National Register of Historic

        Resources. In an agreement with the University of California the

        SLC has begun a computer inventory of more that 1500 sites in State

        waters to provide further research on these sites and vessels and

        to determine their historic significance.

             However, there would be minimal impact or special recognition

        and protection to other associated resources and the site's
        environmental integrity, such as benthic biota and fish

        communities.

                       c. ImRact to Usen
             Salvage operations in State waters must also be permitted by
        the State Lands Commission. Registration on the National Register
        of Historic Sites provides protection only against Federal and not
        private activities such as wreck divers and treasure salvors.




                                       111-40












                        2. Sanctuary Alternative (Preferred)

                             a. Sanctuary Action

               Moving, Possessing or injuring, or attempting to move, or injure, a
               Sanctuary historical resource is prohibited. This prohibition does
               not apply to accidental moving, possession or injury during normal,
               routine, fishing operations.

                             b. Impact to Resources

                   Under this alternative, moving, possessing, or injuring or

               attempting to move, or injure a Sanctuary historical resource would

               be prohibited without NOAA approval and issuance of a Sanctuary

               permit. Sanctuary management of historical*resource under the

               authority of the MPRSA shall be consistent, to the extent

               practicable, with the Federal archeological progiZan by consulting

               the Uniform Regulations, ARPA (43 CFR Part 7), the Secretary of the

               Interior's Standards and Guidelines for Archeology and Historic

               Preservation (48 FR 44716, Sept. 29, 1983) and other relevant
               Federal regulations. NOAA also intends to work closely with the CA

               State Lands Commission and the SHPO regarding approval to move,
               injure or possess abandoned shipwrecks, title to which is held by

               the State of California.
                   Any historical resources known to be within the proposed
               Sanctuary, especially those that are on the National Register
               listing under the National Historic Preservation Act, would be
               carefully monitored by Sanctuary staff. In addition,.any activity
               that could lead to the discovery of historical resources would be
               carefully monitored. The Sanctuary Manager would try to ensure
               that adequate information is available regarding the national
               significance of these resources and appropriate management measures

                                              111-41











       are in place.
            This regulation would apply throughout the Sanctuary in order
       to protect these valuable resources for research and
       interpretation. In addition, during its review and approval of a
       request for a Sanctuary permit NOAA would consider the impacts of
       the proposed activity on adjacent Sanctuary resources and qualities
       such as benthic communities and associated fish populations.

                      C. Impact to Uses

            Human activities that normally "take" a historical resource

       would also require a Sanctuary permit. Such a permit would only be

       given under specific circumstances such as for research or
       education purposes. Where this responsibiIlity overlaps with other
       state and Federal agencies the Sanctuary would coordinate its

       review of permit request with the appropriate agency.

            As only a few uses "take" historical resources, such as Navy

       and treasure salvors and recreational divers, the impact of this

       regulation is expected to be minor.






















                                      111-42










                   E. Alteration of or Construction on the Sea bed

                        1. Status Ouo

                             a. Existing Regulatory Framework
                   Section 10 of the Rivers and Harbors Act; Section 404 of the
              Clean Water Act; the Title I of the Marine Protection, Research,
              and Sanctuaries Act; the Submerged Lands Act; the Outer Continental
              Shelf Lands Act; the State Porter-Cologne Water Quality Act; and

              the California Coastal Act.

                   The primary Federal agencies affected include but are not
              limited to, the U.S. Corps of Engineers and EPA; and the primary
              state agencies include but are not limited to, the State Lands
              Commission and the California Coastal Commission (CCC).

                             b. Impact to Resources

                   Under this alternative the benthic resources and the various

              substrates of the Sanctuary would continue to be protected only by
              the existing management regime. Existing State and Federal

              regulations governinq activities on the seabed would still apply.

              There would be no special emphasis on the importance of the seabed

              as an environment that provides a variety of habitats that in.turn

              supports the rich colonies.of kelp and other algae, benthic

              invertebrates and associated organisms dependant upon these habitat

              assemblages.

                   For example, desalination, municipal, pover and industrial

              plant operation can cause seafloor disturbance, increased turbidity

              and damage to kelp beds during pipeline construction and

              maintenance. Construction impacts from desalination and municipal


                                             111-43










        plants could result in disturbance to seabirds and marine mammals;
        air pollution emissions; obstruction of views caused by machinery,
        piping or tall structures; loud noises; disturbance to

        archaeological and paleontological resources; erosion; non-point

        source pollution; and disturbance of dune, surf zone and sea floor

        ecology. The building of harbor breakwaters and piers and jetties

        can smother benthic habitat and alter current patterns in the

        immediate vicinity.

             Finally, sand mining, dredging and dredge disposal activities

        cause loss of sediment and associated disruptions in benthic

        communities from erosion of habitat.and smothering of organisms

        from increased turbidity and particle deposition.

             Although, the CCC limits dredging and filling in coastal

        waters to situations where "there is no feasible less

        environmentally damaging alternative" and where it is related to

        specific listed purposes, under the status quo no one agency
        reviews the impacts of these activities on a cumulative basis or

        from the holistic perspective of the Sanctuary ecosystem.

                       c. ILaRact to Uses

             Harbor maintenance activities are predicted to increase,
        including expansion, and dredging and disposal of material from
        slips and navigation channels. Sand mining activities are
        predicted to continue at-least at current rates. The construction
        of pipelines and outfalls into the ocean is predicted to increase.
             Continued alteration of the seabed can interfere with public
        access and recreation and loss of fish habitat and fishing groundso


                                       111-44









               Erosion of dunes and beaches from sand mining may not only impact
               nature viewers and recreationists but may also interfere with long-

               term coastal development projects in the area.

                         2. Sanctuary Alternative (Preferred)

                             a. Sanctuary Action

               Drilling into, dredging or otherwise altering the seabed of the
               Sanctuary; or constructing, placing, or abandoning any structure,
               material or other matter on the seabed of the Sanctuary is
               prohibited, except if any of the above results from:

                    (1) anchoring vessels,
                    (2) normal, routine, fishing operations,
                    (3) installation of navigation aids,
                    (4) maintaining mariculture operations existing as of the
                         effective date of Sanctuary designation,
                    (5) routine harbor maintenance, including dredging of harbor
                         entrance channels;
                    (6) construction of docks and piers;
                    (7) sand mining activities existing as of the date of
                         designation, at current frequencies and magnitudes,
                         provided the activity is certified by the Sanctuary in
                         accordance with Section 944.9. All new sand mining,
                         including requests for renewal of existing activities,
                         within the Sanctuary below mean high water is prohibited..


                             b. Impact to Resources

                    The intent of this prohibition is to protect the resources and
               qualities of the Sanctuary from the harmful effects of activities
               such as, but not limited to, archeological excavations, drilling
               into the seabed, strip mining, laying of pipelines and outfallso

               ocean mineral extraction (including but not limited to sand
               mining), dumping of dredge spoils and offshore commercial
               development that may.disrupt and/or destroy sensitive marine
               benthic habitats such an kelp beds, invertebrate populations, fish

               habitats, and estuaries and sloughs.



                                              111-45













                       c*- Imr)act to Uses
             Existing permitted activities that cause alteration of or
        construction on the seabed, such as maintenance of seawalls and
        jetties, disposal of dredge material at existing sites at current
        rates, magnitudes and qualities, would continue but be regulated by
        the Sanctuary to ensure the activity is consistent with the

        purposes for which the Sanctuary was designated in accordance with

        Section 944.9.

             New activities such as development of new breakwaters, now
        applications or requests for offshore commercial development
        projects such as, but not limited to# artificial reefs, or new
        mariculture and aquaculture sites would be regulated by the

        Sanctuary, in consultation with appropriate existing authorities

        and users, to ensure that Sanctuary resources and qualities are

        protected in accordance with Section 944.10.

             As harbors are excluded from the Sanctuary boundaries all

        harbor activities within the exclusion zones would be exempt form

        the scope of regul-.:ion. In addition, routine harbor maintenance

        activities beyond the boundaries of the Sanctuary are exempted from

        this regulation. No new dredge disposal or designation of new

        sites would be allowed in the Sanctuary.

             Consistent with the first prohibition on oil, gas and mineral

        activities within the Sanctuary no new sand mining would be allowed
        in the Sanctuary and requests for permit renewals for sand mining
        in the surf zone below mean high water would be prohibited.




                                       111-46










                   F. Taking Marine Mammals, Turtles and SeAbirds

                        1. Status Ouo

                             a. Existing ReUlatory Framewogk
                   The marine mammal Protection Act, Endangered Species Act,
              Migratory Bird Treaty Act (MBTA) 16 U.S.C. S 703-712.

                   Agencies involved include the National Marine Fisheries

              Service, the U.S. Fish and Wildlife Service, and the State

              Department of Fish and Game.

                             b. ImRact to Resources

                   Under this alternative the Marine Mammal Protection Act (MMPA)

              and the Endangered Species Act (ESA) would provide some protection

              to the marine mammals, turtles and seabirds of the Sanctuary: both

              prohibit the taking of specific species protected under those Acts.

                   The MBTA codifies a series of conventions between the U.S.

              Great Britain, Mexico, Japan and the USSR providing complete

              protection of the migratory birds, and their nests and eggs from

              hunting, killing, selling and exploitation as defined in 50 CFR 10,

              20 and 21. Exploitation of tbLis resource is permitted only via

              permits.

                   These resources would continue to be protected on a species

              and case-by-case basis without consideration of their role in the

              ecosystem or under the special purview of the Sanctuary management

              regime.

                             C.   Impact to Uses

                   All users of the Monterey Bay area are prohibited from taking
              any marine mammal or endangered or threatened seabirds and turtles


                                             111-47










        unless in possession of a permit. Fishing activities are
        specifically excluded from the provisions of the MMPA, ESA and

        MBTA.


                  2. Sanctuary Alternative (Preferred)

                       a.- Sanctuary Action

             Taking any marine mammal or turtle or seabird in or above the
             Sanctuary, except as permitted by regulations promulgated
             under the Marine Mammal Protection Act (MMPA) and the
             Endangered Species Act (ESA) is prohibited.

                       b. Impact-to Resources

             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, ESA and MBTA.

             The proposed prohibition would overlap with the MMPA, MBTA and

        ESA but also extend protection for Sanctuary resources on an

        environmentally holistic basis. It would include all marine

        mammals and turtles in the Sanctuary and seabirds in or above the

        Sanctuary.

                       c. Impact to Uses

             Other than empowering Sanctuary officials to directly enforce
        the provisions of the MMPA, ESA and MBTA this regulation should not
        affect any additional users other than those already regulated.
             However, upon violation of this Sanctuary regulation the MPRSA
        (Section 307) allows-NOAA to assess civil penalties as high as
        $50,000 for each violation. The status quo sets maximum financial
        penalti,@-a ranging between $2,000 and $25,000 per violation. Thus
        this regulation may add further deterrence to individuals from

                                       111-48










              violating this regulation. In addition, by directing civil

              penalties back into the Marine Sanctuary Program, a more directed

              effort can be implemented to protect these valuable natural


              resources.


































































                                              111-49











             G. overflights

                  1. Status Ouo

                        a. Existing Regglatory Framework

             Federal Aviation Administration Regulations FAR 91 et sea. and

        State Department of Fish and Game regulations for particular

        sensitive areas.


                        b. Impact to Resources

             FAR regulations are intended to provide for the safe operation

        and maintenance of aircraft rather than for protection of the

        environment.    Low level overflights of ecologically sensitive

        coastal areas are know to cause disturbance and even fatalities of

        marine resources such as sea otters, pinnipeds and seabirds.

        Migrating and foraging cetaceans are also known to change their

        behavior patterns when approached by aircraft flying at low levels.

             Some protection is provided by the State to areas such as

        the Aho Nuevo Reserve, Point Lobos Reserve and the California Sea

        Otter Game Refuge by the Department of Fish and Game with

        overflight prohibitions below 1000 feet.

                        c. Impact to Uses

             FAR regulations'require safe operating altitudes and distances
        and specify that pilots are required to be more than 500 feet over

        water and higher than 500 feet within 500 feet of shore (FAR
        91.119). Seaplane and floatplane operations in water are governed
        by the Coast Guard maritime regulations and by FAR's when airborne.
             In addition, FAR regulations address careless and reckless
        operations, aircraft speeds, minimum altitudes and distances and


                                        111-50









              right-of-war rules as well as prohibitions on dropping of objects,
              alcohol and drugs and operation near other aircraft.



                        2. Sanctuary Alternative (Preferred)

                             a. Sanctuagy Action

                   Flying motorized aircraft at less than 1000 feet above four
                   designated zones within the Sanctuary is prohibited.
                   Generally the zones are: (1) from mean high tide out to three
                   nautical miles between a line extending from Point Santa Cruz
                   on a southwesterly heading of approximately 2200 and a line
                   extending from 2.0 nmi north of Pescadero Point on a
                   southwesterly heading of 240*; (2) from meanhigh tide out to
                   three nautical miles between a line extending from the Carmel
                   River mouth on a westerly heading of 2700 and a line extending
                   from 2.5 nmi southeast of Partington Point on a southwesterly
                   heading of 2400; (3) from mean high tide and within a five nmi
                   arc drawn from a center point at the end of Moss Landing Pier;
                   and (4) over the waters of Elkhorn Slough east of the highway
                   one bridge to Elkhorn Road.


                             b. ImRact to Resources

                   The area-specific prohibition on.overflights below 1000 feet

              (305 m) is designed to limit potential noise impacts, particularly

              those that might startle hauled-out seals and sea lions, sea otters

              or birds nesting along the shoreline margins of the Sanctuary.

              Intrusive overflights during sensitive biological periods would

              thus be minimized. The regulation would complement existing

              California Fish and Game overflight restrictions, over the
              California Sea otter Refuge and Aho Nuevo, extend this protection

              to areas north of Santa Cruz and around Afio Nuevo and over

              sensitive estuarine areas particularly Elkhorn Slough and the

              mouths of the Pajaro and Salinas Rivers (Figuro XX).
  0


                                             111-51






                      380              1230                                         122*                                           1210
                                          Point%,,                                                                                          380
                                          Reyes                                                                  LEGEND

                                                                                                       ......... ...
                                                  Point Sonita*                                               Amos zoned     Iblang
                                  lanj                                  Oakland                               QVWflights; <= ft.
                                   h
                                          Gulf Of Vw Point Lobos
                                          Ferafimm              San Frandsco



                                                            I   Point Son Pedro


                                       .. ......                Pillar Point




                                                                     San Gregow


                                                                           Pesalciero Creek
                                                                    Poscadero Point
                                                                      Pigeon Point
                                                                       Pt. Ano Nuevo  Loreruo Rhw
                                                                                            Soquel
                                                                             Davenport      Creek
                     3
                        0                                                        Sallm
                      7                                                          cma       monew                                            37*
                                                  loco                                        Bay '
                                                                                                     ftiwo MW
                                                                                                     amm".Vough

                                                                                                Moss Lamkq



                                                                                                        50111WRIver


                                                                                          caffnel
                                                                                                                             AUA
                                                                                          Point
                                                                                          Lobo     camel mw                  EMARGED


                                                                                      or-

                                                                                                 ftaff @%w


                                                                                                             Poist

                                                                                                          Mi; Cleek
                     360                                                                                  Lqm Paht                          360

                                                                                                               AWbffftck
                                                                                                                 CW& Son Mutn

                                                                                                                      $w%ml ovat


                                                                                                                        point M" Noms
                                                                                                                   em Sm" MIM
                                                                                                                    Ono kmp































                                                                                                                               Sumn S"
                                                                                                                             % 06&td
                                                                                                                             %


                                      1230                                          122*                                         121*

                           Figure 32. Areas Zoned ProhMaing Overnkpu Iess om 1,M fL













                      C. Impact to.Uses

            The prohibition zones were designated in part to minimize

        impacts to areas where frequent overflights occur less than 1000

        feet especially over areas without high concentrations of marine

        resources. Thus, aircraft landing at or taking off from airports

        would not be affected and neither would seaplanes landing at or

        taking off from ocean moorings at Santa Cruz City Wharf and

        potentially in the future from the Monterey Harbor area.

             In addition, overflights below 1000 ft within these zones

        would still be allowed if necessary to respond to an emergency

        -threatening, life, property or the environment.

            Aircraft that need to fly below 1000 feet within these zones

        for research purposes would require a Sanctuary research permit.

        overflights necessary for law enforcement and national defense
        purposes within these zones would require consultation with the
        Sanctuary before the activity commences to ensure the activity is

        conducted in a way to minimize negative impacts to Sanctuary

        resources and qualities.




















                                       111-52










                  H. Operation of "Personal Water Craft!

                       1. Status Ouo

                            a. Existing Regulatory Framework

                  "Personal Water Craft'O means any motorized vessel which is

             generally less than fifteen feet in length as manufactured, is
             capable of exceeding a speed of fifteen knots, 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

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

                  Local City ordinances can regulate the operation of thrill

             craft on a case-by-case basis. In addition, the California
             Department of Boating and Waterways is responsibie for boating

             facilities and regulation of such activities. The City of Santa

             Cruz prohibits the operation of personal watercraft withina

             Special Use Zone extending 300 yds offshore between the eastern

             boundary of the City of Santa Cruz and to the Pajaro River,

             excluding the City of Capitola and except when launching and

             landing.

                            b. ImRact to Resources

                  The use of personal water 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,
             damage to mud flats and eelgrass and disturbance due to noise and
             exhaust to organisms near and on the surface in proximity to the

             craft.





                                            111-53













                        C.   mpact to Uses

              Personal water craft operation interferes with the safe use of
        near shore ocean waters by other recreational users such as
        surfers, swimmers, recreational fishermen and other water sport

        users.


              Under this alternative NOAA will monitor the activities of

        these "personal water craft" to determine, first, the extent of
        this activity and if indeed there is a threat to the resources and,
        second, if regulations should be promulgated prohibiting these

        activities in specified areas.



                   2. Sanctuary Alternative (Preferred)

                        a. Sanctuary Action

              operation of personal water craft within the Sanctuary is
              prohibited except in three designated zones and in designated
              routes to and from these zones. Generally, the three areas
              and access routes are:
              (1) an approximately 3 sq.nmi area off of Santa Cruz Small
              craft Harbor ramp from 36* 57.41 N along a 100 yd wide access
              route due south along 122* W to the northern boundary of Zone
              one (marked by the whistle buoy at 10 fathom curve) bounded by
              (a) 36* 551 No 122* 021 W; (b) 36* 551 N, 1210 581 W; (c) 36*
              56.51 N, 1210 581 W; and (d) 36* 56-51 N, 1220 021 W;
              (2) an approximately 5 sq.nmi area off of Moss Landing
              Harbor/Elkhorn Yacht Club Launch Ramp from 36* 48.51 N along a
             .106 yd wide access route due west along via harbor entrance to
              the eastern boundary of Zone Two bounded by (a) 360 501 N,
              1210 49.31 W; (b) 36* 501 N, 121' 50-81 W; (c) 36* 46o7l N,
              1210 50.81 W; (d) 36- 46.70 N, 121- 491 W; (e) 36* 47.81 N,
              121* 48.21 W; and (f) 360 48.91 N, 121- 48.20 W; and
              (3) an approximately 6 sq-nmio off of the U.S. Coast Guard
              Pier (Monterey Harbor) Launch Ramp from (36* 36.50 N, 121*
              53.51 W) along a-100 yd wide access route due north along 122'
              w to the southern boundary of Zone Three bounded by (a) 360
              38.51 N, 121* 55o5i W; (b) 36- 36.91 N, 1210 52.31 W; (c) 360
              381 N, 121* 511 W; and (d) 36' 401 N, 121* 54.31 W.


                        b. ImRact to Resources

                                         111-54










                   This regulation is designed to provide enhanced resource

              protection by addressing a major gap in the regulatory regime
              governing activities in the area. operations of personal water

              craft would be prohibited generally beyond the 10 fathom contour

              and thus include protection to all State Parks, Reserves,

              Ecological Reserves, Refuges, Areas of Special Biological

              Significance, and Elkhorn Slough National Estuarine Research

              Reserve. In addition, areas of high marine mammal and seabird

              concentrations, kelp forest areas, river mouths, estuaries, lagoons

              and other similar areas within the Sanctuary would be protected

              (Figure XX).

                             c. Impact to Uses

                   A zoned approach to the use of personal water craft will still

              allow this activity to continue albeit only in specified areas.

              These areas were designated in part to not only maximize resource

              protection but to minimize conflicts with other uses and provide

              zones and access to these zones in areas where personal water craft

              operation has traditionally taken place.
                   This regulation would also reduce conflicts, and thus
              potentially positively impact, other beneficial uses of the
              Sanctuary such as surfing, sailing, recreational fishing and

              diving.
                   operation of personal water craft outside of these zones would
              be allowed if necessary to respond to an emergency threatening,

              life, property or the environment.
                   Those craft not included within the definition of "personal


                                              111-55






                                             123*                                                  1220
                        38                      -4                                                                                                       121*
                                                 Point                                                                                                                38'
                                                 Reyes                                                                               LEGEND

                                                                                                                               I. Sam CAR zom
                                                          Point Bon%itm
                                                                                    Oakland                                    Z Afoss L&WIng Zone
                                                 Guff Of ft  Point Lobos
                                                                 J#.       Son Francisco                                       I Alommy Zone
                                                              IItI
                                                                          Point San Pedro


                                             .. .....                     Pillar Point




                                                                                 San Gregorio,


                                                                                       Pescadem Cmek
                                                                               Pescadero, Point
                                                                            %    Firm Point
                                                                              %%   Pt Moo Nuevo              R&W
                                                                                                        (16
                                                                                                           0 qL4
                                                                                         Davenport            vek
                       370                                                                    Smte
                                                                                              CAR
                                                                                                                                                                     37*
                                                                                                                                         am

                                                                             do                                        awwn mouffi

                                                                  do                                             Moss Un&g



                                                                                                                         salinas pim
                                                                                                           Monterey
                                                                                                         Carmel
                                                                                                          PwIt                                    AREA
                                                                                                                                                  ENLARGED
                                                                                                          Lobos             MW


                                                                                                                   Sur

                                                                                                                 Sur

                                         So,


                                      A                                                                 41
                                       00                                                                                    abaft*

                                                                                                                             Lqm 110int
                       360                                                                                                                                           360


                                                                                                                                          Sm Martin


                                                                                                                                          sawm cleat
                                                                                                                                      N




                                                                                                                                                     Cmat
                                                                                                                                                  %%
                                                                                                                                             h PWNM















                                                                                                                                                  A
























                                            123*                                                  122*                                                  1210

                              Figure3l Arew Zoned for OperAlon of 7hdI Craft (For predse areas see Aftnagwmt Mwa










       water craft" would be exempt from this regulation (i.e. speed boats

       greater than 15 feet). However, should the need arise in the

      ,future, these exempted vessels may need to be regulated by the

       Sanctuary to address threats to Sanctuary resources and qualities.

       Such authority would fall under the scope of the Sanctuary

       Regulation for Vessel Traffic (see below).











































                                       111-56













                   I. Vessel Traffic


                        1. Status Ouo (Preferred)

                             a. Existing Regulatory Framework

                   oil Pollution Act, 1990 (P.L. 101-380); Act to Prevent
              Pollution from Ships, MARPOL Annex I-V, Ports and Waterways Safety
              Act, International Convention to Prevent Collisions at Sea,
              California oil Spill Prevention, Abatement, and Removal Act, 1990,

              (SB 2040).

                   The primary responsible agencies are, The United States Coast

              Guard, International Maritime Organization, Department of Fish and

              Game, State Lands Commission.

                             b. ImRact to Resources

                   Although the area has had a long history of safe vessel

              traffic there may be a threat to the resources of the Monterey Bay

              area from possible collisions both between vessels and between

              vessels and resources of the Sanctuary, disturbances by vessels of

              resources of the Sanctuary and possible spills of oil and hazardous

              materials (Figure XX).

                   The probability and magnitude of a spill from all sources of

              vessel traffic remain uncertain.   The U.S. Coast Guard is

              currently working with the Fish and Wildlife Service on a section 7

              consultation regarding possible impacts on endangered species,
              specifically the Southern Sea otter, from rerouting vessel traffic

              off the coast of California.

                   once this information in availabl*j NOAA will work with the

              U.S. Coast Guard an well an other Federal# State and local agencies


                                             111-57






                             380                    1230-                                                                                                                 1210
                                                       @oint                                                                                                                            38*
                                                       Reyes
                                                                                                                                                    LEGEND
                                                                                                                                       30 Day Amobability of Conftct
                                              F         %%        Point Bonita                                        N                   vWth the Sea Otter Range
                                              S;Z7a        %%  I     Point                     Oakland
                                                             'IfIth                                                                                  .045-01 Region
                                                                                 (S:\Fandsco
                                                                                                                                                     -01-.05 Region
                                                                                                                                                     .05, 10 Region
                                                                                                                                                     >. 10 Region
                                                                                    Point San Pedro
                                                                                                                                                      Sea Otter Range
                                                                                    Pillar Point




                                                                                           San Gregono


                                                                                                  Pescadero Creek
                                                                                         Pescadem Point
                                                                                           PqWn Point
                                                                                              Pt Mlo Nuevo               Mier

                                                                                                     Davenpoirt         Creek
                            3
                                0                                                                         Santa
                              7                          . ...........
                                                                                                           WU.L                                                                            0
                                                                                                                                                                                        37
                                                                                                                                                        aloft in PWWM
                                                                                                                                    Nam NW
                                                                                                                                     EfMan Sough

                                                                                                                              Moss Landirg



                                                                                                                                        smlinasffiver
                                                                                                                        Mon"
                                                                                                                      Carmel
                                                                                                                                                                   AREA
                                                                                                                      Point
                                                                                                                                                                   ENLARGED
                                                                                                                      Lobos       Came! MW



                                                                                                                           UtI1105W)WIr

                                                                                                                         Pointsur


                                                                                              'V
                                                                      XMI


                                                                                                                                            Egoom*


                                                                                                                                            Lopez Paim
                            36
                                                                                                                                                                                       36



                                                                                                                                                     Cape Son Martin

                                                                                                                                                          saw= CIS*


                                                                                                                    M


                                                                                                                                                                      Cfs*
                                                                                                                                                                         CMT&W
                                      ,@F                         PO- It 8:'n4ft@-
                                              S                            Lobos






                                                                                                                            @La"
                                                                                                                                                             SENLAR,


                                                                                                               VO
                                                  1230                                                        122"                                                       1210

                                   Rgum A 3D Day Probability of an Of Spill Contact wlth ft Sea Otter Range - Seasonal Average
                                                   Mourm Seasonal and annual Vajectory ana"s of strwisted ofl outflow from vesel routes










        to ensure that all the resources and qualities of the proposed
        Sanctuary are accounted for in the investigation and that future

        *plans such as those for rerouting of vessel traffic off the coast

        of California and other preventative measures, take into account

        the purposes of the Sanctuary. In addition, NOAA will maintain

        close communication with the U.S. Coast Guard to evaluate the need

        for any necessary mitigative measures such as new or improved

        emergency response plans and equipment or additional studies and

        plans such as monitoring studies.

             Action deemed appropriate will be submitted to the

        international maritime organization for their approval and adoption

        into international law to ensure that foreign vessels are included

        within the scope of the regulation.

             For example, under MARPOL, "Special Areas" are designated with
        additional protection (in comparison with other open seas) with
        respect to operational discharges of oil (MARPOL, Annex ), noxious
        liquid substances (MARr)L, Annex II) and garbage (MARPOL, Annex V).
        In summary, discharge --quirements in Special Areas designated via
        the IMO are considerable stricter than discharge requirements in

        other open sea areas.
             Also, the IMO can designate "Particularly Sensitive Areas",
        that meet specific ecological, social, cultural, economic,
        scientific and educational criteria. In some circumstances, a
        proposed Particularly Sensitive Area may include a buffer zone and
        a core area for which particular protection from shipping is
        sought. In addition to the protection afforded by relevant MARPOL


                                        111-58









              Annexes described above for "Special Areas", a Particularly
              Sensitive Area can include; (1) Areas to be Avoided (which closes
              an area for ships or certain classes of ships); (2) Routing

              measures (such as separation zones, precautionary areas, etc.,)

              and; (3) Vessel Traffic Services (VTS) such as reporting systems,

              navigation assistance and controlling of traffic.

                             C. ImRact to Uses

                   The term "Commercial Vessel" includes any vessel engaged in

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

              and other bulk carriers and barges.   The scope of this regulation

              also includes "Non-Commercial Vessels" such as, but not limited tat

              vessels used in seismic surveys, recreational and commercial

              fishing boator kelp cutters, research vessels, recreational

              vessels, including but not limited to speed boats and vessels

              engaged in the trade of servicing offshore installations.
                   At present only a few, large commercial vessels visit Monterey

              Bay ports, mainly to dock at Moss Landing. Almost all of the

              commercial vessel traffic within the proposed Sanctuary passes
              through the western edge of the proposed boundary. The navigation
              aids,on geographic coastal points and the deep offshore water
              assist to minimize the possibility of groundings.
                   in addition, recent Federal and State legislation (Federal Oil
              Pollution Act (OPA) and California State Oil Spill Prevention,
              Abatement, and Removal Act (SD 2040) have focused directly on
              improving the status quo with regards to environmental protection
              from commercial vessel traffic (see Appendix C). For example, OPA


                                             111-59









        establishes specific provisions for oil pollution liability,
        penalties and compensation as well as procedures regarding

        prevention of oil spills and removal of oil in case of an accident.

        Double bulls are required for most tankers in a phased approach

        over time as well as regulations regarding vessel communication

        equipment. In addition, Californials OB 2040 emphasizes

        preventative measures as well as now response procedures including:

        expanded oil tanker inspection and safety programst tugboat escorts

        in hazardous waters and comprehensive oil spill prevention plans

        for all tankers and terminals. BB 2040 creates a new state oil

        spill response units mandatory insurance requirements for tankers

        and an Emergency rund for Clean Up.

            Non-commercial vessel traffic in usually for specific purposes

        within the Konterey Bay areas such as research surveys in specific

        areas or fishing over specific fishing grounds. such activities

        are regulated based on the special activity conducted rather than

        the transiting of the vessel through the area.
            Future regulations and/or actions that could impact vessel
        traffic may include but are not limited to one or a combination of
        the following: (1) designation of Areas to be Avoided (i.e. coast-
        wise vessel traffic be routed outside the boundaries of the
        sanctuary); (2) designation of Areas of Special Biological
        significance (ASBS) (i.e..vessels are liable for high financial
        penalties under international law if they cause injury to resources
        or qualities in an ASBS); (3) designation of vessel traffic lanes,
        separation schemes or fairways (i.e. all "large" vessels inbound to


                                       111-60









               and outbound from Monterey Bay be restricted to port access
               route(s)); (4) the Monterey Bay National Marine Sanctuary be
               designated a "Tanker Exclusions Zone",, (in accordance with OPA,
               Section 4111(b)(7)); (5) oil barge traffic be prohibited within the
               Sanctuary; (6) special technical designs be required (i.e. require
               double hulls, for petroleum and other hazardous substance transport
               vessels in the Sanctuary); (7) special planning procedures be
               implemented (i.e. emergency response plans be prepared or
               acquisition and installation of additional emergency response
               equipment be initiated); and (3) operational requirements (i.e.
               minimum number of staff on bridge and vatche6 when entering a port

               in the Sanctuary).



                         2. Sanctuary Alternative

                              a. Sanctuary Action

                    Under this alternative, a regulation would be promulgated with

               designation prohibiting or otherwise regulating operation of vessel

               traf f ic. Regulation of this activity is included in the Scope of

               Regulations but the preferred alternative is not to regulate with

               designation.   The preferred alternative, to give NOAA the

               authority to regulate vessel traffic in the future but to rely on
               the status quo with designation, will give NOAA the flexibility to
               work immediately with the U.S. Coast Guard on appropriate courses

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

                              b. Im2act to Resources

                    Nearshore coastal resources, within three miles of the coast,


                                              111-61











        could be protected by creating zones around specially

        environmentally sensitive areas such as ASBS's, rookeries,

        colonies, hau lout areas, and estuaries and sloughs. However,

        offshore resources, such as cetacean, fish and seabird populations,

        and foraging grounds may not be adequately protected from such

        coastal buffers. In addition, coastal resources would still be at

        risk from large spills within the Sanctuary, but outside any

        proposed zones, that drift onto the coast with onshore currents and

        winds.

                       c. ImRact to Uses

             The primary user group affected would be vessel. owners and
        operators. NOAA's regulations would impact these user groups by
        potentially causing vessels to travel greater distances around the
        Sanctuaryl follow specific operation procedures not usually
        executed and potentially require special equipment installation.
             Regulation under this alternative would have to distinguish
        between impacts to commercial vessels versus other types of vessels
        in the Xonterey Bay area such as recreational (speed boats,
        yachts)# fishing (recreational and commerciall including kelp
        cutters), and research (including geophysical surveys),, based on
        the threats of the vessel type to the resources and qualities of

        the Xonterey Bay area.
             Recreational users of the area and commercial fisherman would
        potentially benefit from such regulations if the action were to
        reduce the likelihood of spills# groundings and accidents that may
        injure aesthetic qualities and natural resources of the Sanctuary.


                                        111-62










                   However, such regulatory action would be taten unilaterally by

              NOAA without the advise and expertise of the U.S. Coast Guard and

              would not affect foreign vessel traffic transiting the area in

              international and territorial seas. For example, USCG current,

              and proposed regulations address construction standards for vessels

              as well as officer competency and bridge organization. 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, new State and Federal laws, 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. These problems
              are more effectively dealt with on a nationwide basis in
              cooperation with the international shipping regulatory regime.


























                                             111-63












             J. Fishing

                  1. Status Ouo (Preferred)

                       a. Existing Regulatory Framework
             California Fish and Game Code, Fishery Management Plans,
        Magnuson Fishery Conservation and Management Act, 16 U.S.C. ï¿½ï¿½. 1801

        et jgg-

             Responsible agencies include, the Pacific Fishery Management
        Council, National Marine Fisheries Service (NOAA), and Department

        of Fish and Game.


                       b. Impact to Resources

             Fishing activities are allowed and there are no fishing
        regulations under ï¿½ 944.5. As required by Section 304(a)(5) of
        Title III of the MPRSA, a Pacific Regional Fishery Management
        Council shall be provided with the opportunity to prepare draft

        regulations for fishing within the Sanctuary for amendments to
        include fishing regulations to ï¿½-944.5. The Secretary shall

        prepare fishing regulations in accordance with 15 C.F.R. ï¿½ 922.31

        which implements the requirements for drafting fishing regulations.

        Such a regulations is directed specifically at fishing activities

        and vessels. This does not include a regulation that is generally

        applicable to all types of vessels or activities, even if the

        general regulation affects fishing vessels and fishing activities.

        Such general regulations may, however, be drafted to exclude
        fishing activities and  vessels should this be deemed appropriate.

             In its evaluation of this issue, NOAA considered whether,

        under the present regulatory structure, sufficient protection for


                                        111-64










               Sanctuary resources existed. NOAA has determined at present, after

               consultation with the Fish and Wildlife Service, the National

               Marine Fisheries Service (NMFS), the Pacific Fisheries Management

               Council (PFMC) and the California Department of Fish and Game that

               fishing in the Sanctuary, including fishing for shellfish and

               invertebrates and mariculture, shall not be regulated as part of

               the Sanctuary management regime.

                   Furthermore, in its decision advising NOAA to proceed with the

               preparation of a Draft Environmental Impact Statement for the

               proposed Sanctuary, the Pacific Fisheries management Council (PFMC)
               also recommended that the regulation of fishery resources remain
               under the jurisdiction of the State of California, the National

               Marine Fisheries Service (NMFS) and the PFMC-

                  . Fishing activities are extensive in the Monterey Bay area and
               the productive fish stocks support an economically very valuable
               fishery. To ensure continued healthy stocks and minimization of
               adverse environmental impacts, commercial fisheries are already

               heavily regulated.
                    Fishing in Monterey Say waters is regulated by the groundfish
               and salmon FMP's. In the FMP's, the Council establishes catch
               limits for groundfish and specifies the duration of the fishing
               season and catch and size limits for salmon. Commercial fishing-
               gear restrictions are specified for both the groundfish and salmon
               fisheries. 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


                                              111-65











        approved by the Secretary of Commerce after review by the National

        marine Fisheries Service.

            In addition, the CDF&G enforces State regulations for fishing

        activities (See Appendix C). Recent State initiatives, relevant to

        certain parts of the Monterey Bay area, include prohibition on the

        use of drift and set gill nets targeted to specific areas for: (1)

        taking rockfish and lingcod in less than 40 fathoms (SB 2564); (2)

        gill and trammel in less than 30 fathoms, and with net size

        restrictions (AB 2563); (3) prohibitions on the use of gill and

        trammel nets in ocean waters less than 40 fathoms (SB 40) and 60

        fathoms (SB 1462), 30 fathoms (SB 2563); (4) taking of rockfish and

        lingcod in gill nets in waters less than 100 fathoms or 75 fathoms
        (depending on area, SB 2122); (5) Proposition 132 (Marine Resources
        Protection Act) among other issues prohibits the use of gill and

        trammel nets to take rockfish off of California (whether this

        applies in Federal waters has yet to be determined by-the PCFMC);
        and (6) prohibits the use of drift gill nets to take shark and
        swordfish in waters less ian 12 nautical miles from the mainland

        shore. (AB 2915) (riqure XX).
          . in general fishing activity is extensively regulated to not
        only ensure continuous production of fish stocks for long-term
        harvest (Tablo XX) but also to reduce potential conflict with

        marine mammals and seabirds.
             The gill net fishery has been regulated since 1984 by the
        State and Federal governments because of the mortality of seabirds
        and sea otters that became entangled in the nets. Approximately 6


                                       111-66









                                                 1230                                                          122*                                                          1210
                          380                                                                                                         1                                                    380
                                                      Point                                                                      e-                                               -*N
                                                      k"                                                                                               LEGMD
                                                                                                                       N                       SAO and 14V
                                                                                                                                               TOW Prohibition an ft use of gill and
                                                                  Point Bonita                      nd                                         trarnmel net north of, and Inside
                                                      Gdf ft Point Lobos                                                                       (shoreward) of this line.
                                                                                    San Francisco                                              S.B. 2122 and AB. 2S64
                                                      Fara0anes                                                                                Prohlbtdon on the take of mdrM and
                                                                                                                                               ling cod with gin and trarmel noemis
                                                                                                                                               Inside of tWs llrw.-
                                                                                                                                               S-12S63
                                                                                    Point San Pedro                                            Prchlbitlon on dw take of ail spedes.
                                                                                                                                               with gill and trarrunel nets with nwWm
                                                                                                                                               larger 1:11an 3 1/2 1 nctm Inside of this
                                                 .. ......                          Piflair Point                                              line.
                                                                                                                                               A.12. 2915
                                                                                                                                               Prohltfton an tM Lne of drift gin rwb
                                                                                                                                               to take dwwk ancl wwxdfbh inside of
                                                                                            San Gmgorio                                        this INW.
                                                                                                                                    VWO,c@n            Ibld* Rmwm Prowtion ACt of
                                                                                                                                    1    Wo     O= f         oddid in gin W4 uanTw
                                                                                                   Pmm*vo Oeek                      nels In all StW and hd" vmm (O-2W miles ffon
                                                                                                                                    *Am) off of CaVam fffectin wrirnedig". Kawwtr. a
                                                                                                                                    tWWary iniunctloi Was granted in early April pnp.
                                                                                                                                    W(wo-ns aftmywrt m Fed" "Iters PK4
                                                                                                                                               datoranalion by tt* Padfic FWw
                                                                                                               Son     rw pjvw

                                                                                                                           SOqw
                                                                                                           Pon             Creek
                           370                                                                             Santa
                                                                                                                                                           m Sato wen                       37
                                                                                                                                                            0400 AWMM
                                                                  low                                                                  ft*v &W
                                                                                                                                        absom SGUO

                                                                                                                                 Mcs Lanefin



                                                                                                                                           Salirm Rim



                                                                                                                                                                       AREA
                                                                                                                                      carld NOW                        ENLARGED


                                                                                                                                LmbjwAtAr


                                                                                                                                       SrAwr


                                                                                                                                                   POW

                                                                                                                                                    Creek


                                                                                                                                                       POW
                            360                                                                                                                                                              360
                                                                                                                                                                ftck
                                                                                                                                                                Son Matin





                                                                                                                                                                                OWnm
                                                                                                                                                                            San S"
                                                                                                                                                                       AR%,













                                                    1230                                                          1220                                                          121"
                                     Figum 34. RimritStM RaSVkWM on COMMOrdal n5hing-








         Table         Catch re!;trictions for species of commercial fish in
                       the Mont :ey Bay Area (References are to the
                       Californ-a Fish and Game Code).

         sardines      Catch limited to 20,000 tons statewide or as adjusted
                       by the Department proportional to increase in spawning
                       population (ï¿½8150.7)
         Anchovies     Restricted according to the Pacific Fishery Management
                       Council (PFMC) Plan.                Al
         Lobster       Fishery open between  the first Wednesday in October
                       and the first Wednesday after March 15 (ï¿½8251).
                       Lobster permit required (ï¿½8254.7). Size restrictions
                       exist (ï¿½8252).'

         Salmc         Restricted according to PFMC Plan.
         Crab          Fishery open between the second Tuesday in November
                       and June 30th (ï¿½8276).
         Abalone       Unlawful to take for commercial purposes except south
                       of line extending due west from Yankee Point where the
                       depth exceeds 20.ft.

         Clams         Fishery open year round except in an area between
                       lines extending due west from Pigeon Point and Yankee
                       Point where open between September lst and April 30th.

         Scallops      Unlawful to sell or purchase.

         Saltwater/
         Anadromous    Striped bass illegal to possess unless releasing from
                       net (ï¿½8320); kelp bass,sand bass, and spotted bass may
                       not be sold (ï¿½8372); yellow fin and bluefin tuna must
                       exceed 7 1/2 lbs. to be marketed (58375); albacore and
                       skipjack may be taken at any tiue (J8376 and 8378);
                       white sea bass, barracuda, and yellowtall not less
                       than 28 inches in length may be taken by hook and line
                       at any ti".

         Mackerel      Catch limited until stock is enhanced (ï¿½8388.3)

         California
           Halibut     May be taken at any time (ï¿½8391) (certain area
                       restrictions apply - see text).
         Rockf4sh      Numerous restrictions apply (see text for details).










               to 15 boats participate in this fishery off Monterey Bay (pers.

               comm., Marine Resources Division, Monterey Bay area, CDF&G, March

               1990). This method of fishing is now restricted to waters deeper

               than 20 fathoms. In April 1989 the halibut gill net fishing was

               closed inside 40 fathoms due to the incidental capture of over 40

               harbor porpoises (Edward Melvin, pers. comm., 1999). The current

               regulations on this fishery prevent gill-netters from fishing

               within 30 fathoms and would effectively move the current gill-net

               inshore fishery beyond the zone of distribution of shore birds and

               coastal marine mammals.

                   The 1988 Amendments to the Marine Mammal Protection Act

               established an exemption for commercial fishermen to take marine

               mammals incidental to their fishing activities. The taking of sea

               otters was specifically excluded from the 5-year interim incidental
               take exemption for commercial fishing operations and no incidental
               takes are authorized. The amendments require the National Marine

               Fisheries service, with NOAA, to establish an exemption, observer,
                   reporting system to document incidental captures of-marine
               mammals by fishermen that are expected to take marine mammals.
               Based on reports of the fishermen, the NNFS is to submit to
               congress its recommendations to manage commercial fishing
               activities in a way that reduces adverse impacts to marine mammals.
                    The NMFS has registered fishermen in fisheries known to
               capture marine mammals, including the following fisheries operating
               in the vicinity of the proposed Monterey Bay NMS:
                    Gillnet fisheries for thresher shark, angel shark, swordfish,
                    halibut, white sea bass, yellow tail, soupfin shark, white

                                              111-67











             croaker, and bonito/flying fish, and
             Purse seine fisheries for herring, anchovy, mackerel,' tuna,
             sardines, and squid.
             Fishermen began reporting incidental captures to NMFS under
        these amendments on July 1, 1989. Results so far for Category I
        boats, including all large mesh (611 or greater) halibut nets,
        indicate that, for the 24 sets observed in the Monterey Bay area
        (out of 622 total for all of California) from July, 1990 to end of
        December, 1990, 6 harbor seals, 15 california sea lions and 3
        northern elephant seals, were killed (NMFS, pers. Comm. April,
        1991). Data on seabird mortality from-this reporting system is

        collected by the CDF&G.

             The trawler fishery has also been extensively regulated and no
        trawlers are currently allowed within 3 miles of the coast (pers.
        comm., Marine Resources Division, Monterey Bay area, CDF&G, March

        1990). Approximately 8 boats participate in this fishery using a

        mixture.of otter trawls and roller trawls. No data exists on

        amount of incidental take of birds and marine mammals from the

        trawler fishery beyond three miles. It is unlikely that trawling

        will cause incidental take of marine mammals and seabirds as the

        gear is only deployed over short periods of time and covers small

        areas of the ocean floor. Also, this type of activity occurs

        outside of three miles which is beyond the range of most of the

        nearshore diving birds-and sea otters. Finally, during an
        experimental period of 5 years, two trawlers were permitted to fish
        within three miles and during this experimental period there was no

        incidental take of marine mammals,or seabirds (pers. comm., Marine

                                        111-68









               Resources Division, Monterey Bay area, CDF&G, March 1990).

                    There is almost no data regarding the effects of roller

               trawling, or the one to two boat trap-fishery, to resources near

               and on the bottom such as benthic organisms and habitats (Edward

               Melvin, pers. comm., March, 1990). However, preliminary estimates

               from the few boats that roller trawl and trap would indicate very

               minimal impact (pers. comm., Marine Resources Division, Monterey

               Bay area, CDF&G, March 1990).

                    The California Department of Fish and Game. has management

               responsibility for the development of mari- and  aquaculture under

               Section 1700(f) of the California 'Fish and Game.Code. The by-catch

               of Nereocystis leutkeana is restricted to 5% of  the entire load.

               The reproductive part of the plant is located on the surface and

               harvest is limited. California Department of Fish and Game manages

               kelp harvesting and designates specific areas for use. Almost all
               of the harvesting takes place within a four to five mile area near
               Point Sur.   Currently no studies exist regarding the effects of

               harvesting this species.

                              C. Imipact to Uses

                    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, pernitp.or license issued therOUnderp q.g.f regulations
               promulgated under the California Fish and Game code and regulations
               implementing Fishery Management Plans promulgated under the
               Magnuson Fishery Conservation and Management Act* If U.S.C. 66 1801


                                               111-69















        et

             However, the status quo would also include four proposed
        Sanctuary regulations that could potentially indirectly affect

        fishing activities. Therefore to be consistent with the intent to

        not regulate normal fishing activities with designation, each

        regulation of concern specifically exempts normal fishing

        activities from the scope of these regulations to the extent

        consistent with existing other State and Federal regulations.

             The four regulations of concern are: (1) discharges and

        deposits. Under this regulation fishing vessels may be regulated

        except for specific discharges intended to exempt normal fishing

        activities; (2) moving, possessing, or injuring or attempting to

        move, possess, or injure a Sanctuary historical resource is

        prohibited, except for accidental moving, possession or injury

        during normal fishing operations; (3) 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 is prohibited except for normal fishing operations
        ie. traps and bottom trawls; and (4) taking of marine mammals and
        seabirds may be regulated except in accordance with and permitted
        by regulations promulgated under the Marine Mammal Protection Act
       .(MMPA) and the Endangered Species Act (ESA).
             Thus each regulation potentially affecting normal fishing
        activities is specifically designed to exempt fishing activities

        from the affect of the regulation.
             Kelp harvesting activities would also be unaffected by the


                                        111-70








               regulatory regime. NOAA will work with the CDF&G and kelp
               harvesting industries if new activities are proposed or increases
               in current levels to determine the impacts, if any, of the activity
               on the resources and qualities of the Monterey Bay area.
                    At the present time there are many existing regulations and
               restrictions on fishing activities in the Monterey Bay area that
               are designed to protect the long-term health of the fisheries as
               well as other resources and qualities of the Monterey Bay area.
               Therefore NOAA does not believe it necessary to promulgate any
               "additional regulations with designation.

                         2. Sanctuary Alternative

                              a. Sanctuary Action
                    Fishing regulations are included in the  scope of regulations.
               Consistent with the provisions of the MPRSA  (Section 305(a)(5)) the
               Sanctuary shall first provide the Pacific Fisheries Regional

               management council (PFMC) with the opportunity to prepare draft

               regulations for fisheries within the Sanctuary should the need

               arise to protect Sanctuary resources and qualities from specific

               fishing activities. In the future the Sanctuary would work with

               the fishermen and the local management agencies as well as

               California Department of Fish and Game and the PFMC to determine

               any additional management measures that may be necessary to protect

               the resources and qualities of the Monterey Bay area. Such actions

               would be submitted in draft for public review and comment on any

               specific measures taken to address threats from fishing to
  is           Sanctuary resources and qualities.

                                              111-71










             The Sanctuary shall only prepare fishing regulations if: (1)
        the PFMC fails to make a determination with respect to the need for

        fishing regulations; (2) the Secretary of Commerce determines that

        the PFMC's draft regulations fail to fulfill the purposes of Title

        III of the MPRSA and goals and objectives of the proposed

        designation; and (3) the PFMC fails to prepare draft regulations in

        a timely manner.

                       b. Impact to Resources

             Actions promulgated under this authority would be targeted at

        protecting specific resources, qualities and habitats shown to be

        injured by fishing activities. such injury could include but is

        not limited to destruction of benthic habitat from bottom trawling,

        incidental take of marine mammals and seabirds from gill-nets, and

        evidence of a reduction in fish stock size.

                       c. Impact to Uses

             Under this alternative NOAA would work with the affected

        fishing entities to determine the level of impact to their

        activities. Actions would be taken to minimize negative
        consequences and burdens while at the same time addressing the
        threat to Sanctuary resources and qualities.














                                        111-72










              III. Section: Management Alternatives

                   A. Introduction

                   Three management alternatives were identified and considered
              in terms of (1) resource protection, research, and education
              requirements, and (2) cost-effectiveness. The Management Plan
              (Part V) includes a detailed discussion of the proposed Sanctuary
              management regime regarding resource protection, research,
              education and administration.

                   B. Alternatives


                        1. Status Ouo

                   Under this alternative protection and management of the
              proposed Sanctuary area would remain entirely under the existing
              regime of federal, state and local authorities, and existing
              research and eduction facilities and programs with no NOAA

              presence.

                        2. Sanctuary Management Alternative 1

                   Under this alternative, NOAA would establish an independent

              management and administrative system for the Monterey Bay National

              Marine Sanctuary in a headquarters that is managed and operated

              directly by NOAA. The location of the Headquarters would be in the

              Monterey Bay region at either Santa Cruz, Moss Landing or Monterey.

                   This alternative would gradually phase in a variety of program

              activities and focus initially on research and education. Staffing

              would start with a NOAA manager and phase in an assistant mana gerl

              administrative assistant, tesearch coordinator, education

              coordinator and a joint position of an interpreter/ enforcement


                                              111-73













       of f icial.

            The office would coordinate directly and actively with other
       state and local agencies in decision making and implementation of
       Sanctuary regulations. The Sanctuary Manager and the Advisory
       Committee would begin the process of informing the public as well
       as regional officials of the Sanctuary's mandate, regulations and

       research and education programs.

                 3. Sanctuary Management Alternative 2 (Preferred)

            The preferred alternative is to set up the Sanctuary

       headquarters-soon after designation (within six months) and

       immediately provide full-staffing in the positions described for

       Sanctuary Management Alternative 1. In addition, the preferred

       option is to provide "satellite" information centers as well as the

       main headquarters facility so that other areas of the Sanctuary are

       represented.



























                                       111-74





                                                             (fo " RQJLANCE@s
































                           I






  0                                   Environmental Conseauences Of Alternatives










  is




I





   0-                                          IV-1










                                        TABLE OF       ENTS                          PAGE
          I. Section:       Boundary.Alternatives      . . . . . . . . . . .
                A.                                                                   IV-5
                     Introduction   . . . . . . . . . . . . . . . . . . .            IV-5
                B.   Boundary  Alternative   1  . . . . . . . . . . . . . .          IV-5
                C.   Boundary  Alternative   2  . . .                                IV-8
                D.   Boundary  Alternative   3  . . .                               IV-14
                E.   Boundary  Alternative   4  . . . . . . . . . . . . . .         IV-16
                F.   Boundary  Alternative   5  . . . . . . . . . . . . . .         IV-18
                G.   Boundary  Alternative   6  . . . . . . . . . . . . . .         IV-19
                H.   Boundary  Alternative   7  . . . . . . . . . . . . . .         IV-22
          II.   Section: Regmlatorv Alternatives         . . . . . . . .            IV-25
                A. Introduction     . . . . . . . . . . . . . . . . .               IV-25
                B. Oil, Gas and Mineral Activities          . . . . . . . . .       IV-27
                      1. Status Quo      . . . . .   *        * ' * * *   ' *  -    IV-27
                            a.  Consequence of ImpaWt@        Resources   . . .     IV-27
                            b.  Consequence of Impact to      Uses   . . . . .      IV-30
                2. Sanctuary    Alternative 2 (Preferred)        . . . . . . .      IV-31
                            a.  Consequence of Impact to Resources        . . .     IV-31
                            b.  Consequence of Impact to Uses        . . . . .      IV-33
                C. Discharges or Deposits       . . . . . . . . . . .. . . .        IV-38
                      1. Status Quo      . . . . . .                                IV-38
                            a. Consequence of ImpaWt@ Re;ou*rce;                    IV-38
                                  (1)   Discharges from Point Sources               IV-38
                                  (2)   Discharges from Non-Point Sources
                                        (NPS)   . . . . .                           IV-41
                                  (3)   Hazardous waste, Lli ;nd*    tr;sh*
                                        disposal   . . . . . . . . . . . . .        IV-42
                                  (4)   Ocean dumping    . . . . . . . . . .        IV-43
                            b. Consequence of Impact to Uses         . . . . .      IV-44
                      2. Sanctuary Alternative (Preferred)         . . . . . .      IV-45
                            a. Consequence of      Impact to  Resources   . . .     IV-45
                            b. consequence of      Impact to  Uses   . . . . .      IV-46
                D. Historical Resources      . . . . . . . . . . . . . . .          IV-54
                      1. Status Quo      . . . . . . . . . . . . . . . . .          IV-54
                            a. Consequence of      Impact to  Resources   . . .     IV-54
                            b. Consequence of      Impact to  Uses   . . . . .      IV-54
                      2. Sanctuary Alternative (Preferred)         . . . . . .      IV-55
                            a. Consequence of Impact to Resources         . . .     IV-55
                            b. consequence of Impact to Uses         . . . . .      IV-56
                E. Alteration of or Construction on the Seabed            . . .     IV-58
                      1. Status Quo      . . . . .   *                      *  *    IV-58
                            a. consequence of [email protected]*r@es          : .  .    IV-58
                            b. consequence of Impact to Uses         . . . . .      IV-60
                      2. sanctuary Alternative (Preferred)         . . . . . .      IV-60
                            a. consequence of Impact to       Resources   . . .     IV-60
                            b. consequence of Impact to       Uses   . . . . .      IV-61
                F. Taking marine Mammalso Turtles and         seabirds    . . .     IV-64
                      1. Status Quo      . . . . . .                                IV-64
                            a. Consequence of ImPaWt@         Re;ou'r@e;  . . .     IV-64
                            b. Consequence of Impact to       .Uses  . . . . .      IV-66

                                               IV-2










                             2. Sanctuary Alternative (Preferred)        . . . . . .      IV-66
                                   a. Consequence of     Impact to  Resources    . . .    IV-66
                                   b. Consequence of     Impact to  Uses    . . . . .     IV-66
                       G. overflights      . . . . . . . . . . . . . . . . . . .          IV-68
                             1. Status Quo      . . . . . . . . . . . . . . . . .         IV-68
                                   a. Consequence of     Impact to  Resources             IV-68
                                   b. Consequence of     Impact to  Uses                  IV-69
                             2. Sanctuary Alternative (Preferred)        . . . . . .      IV-69
                                   a. Consequence of Impact to Resources         ..   .   IV-69
                                   b. Consequence of Impact to Uses         . . . . .     rV-70
                       H. operation of "Personal Water Craft"          . . . . . . .      IV-72
                             1. Status Quo      . . . . . . . . . . . . . . . . .         IV-72
                                   a. Consequence of Impact to Resources         - .  -   IV-72
                                   b. Consequence of Impact to Uses         . . . . .     IV-72
                             2. Sanctuary-Alternative (Preferred)        . . . . . .      IV-73
                                   a. Consequence of Impact to      Resources    . . .    IV-73
                                   b. Consequence of Impact to      Uses    . . . . .     IV-73
                       I. Vessel Traffic     . . . . . . . . . . . . . . . . . .          IV-74
                             1. Status Quo (Preferred)        . . . . . . . . . . ..      IV-74
                                   a. Consequence of Impact to      Resources    . . .    IV-74
                                   b. Consequence of Impact to      Uses                  IV-77
                             2. Sanctuary Alternative      . . . . . . . . . . . .        IV-79
                                   a. Consequence of Impact to      Resources    . . .    IV-79
                                   b. Consequence of Impact to      Uses                  IV-80
                       J. Fishing     . . . . . . . . . . . . . . . . . . . . .           IV-81
                             1. Status Quo (Preferred)        . . . . . . . . . . .       IV-81
                                   a. Consequence of Impact to      Resources             IV-81
                                   b. Consequence of Impact to      Uses                  IV-81
                             2. Sanctuary Alternative      . . . . . . . . . . . .        IV-82
                                   a. Consequence of Impact to      Resources    . . .    IV-82
                                   b. Consequence of Impact to      Uses    . . . . .     IV-83

                 III. Section: Management Alternative Conseggences            . . . .     IV-84
                       A.    Consequences of Status Quo       . . . . . . . . . . .       IV-84
                             1. Enforcement     . . . . . . . . . . . . . . . . .         rV-84
                             2. Research and Education                                    IV-86
                       B. Consequences of Sanctuary Alteruative I-                        IV-87
                             1. Enforcement     . . . . . . . . . . . . . . . . .         IV-88
                             2. Research and Education     . . . . . . . . . . . .        ï¿½V-88
                       C. Consequences of Sanctuary Alternative 2 (I>referred)            IV-88
                                     6                                                    IV-89-
                             1. Enforcement     . . . . . . . . . . . . . . . .           IV-89
                             2. Research and Education        . . . . . . . . . . .

                 IV. Section:      Unavoidable Adverse Environmental or
                                   Socioeconomic Effects      . . . . . . . . . . .       IV-93

                 v. section:       Relati .onship Between Short-term Uses of the
                                   Environment and the Maintenance and Enhancement        IV-95
                                   of Long-term Productivity       . . . . . . . . .




                                                       IV-3













        PART IV: ENVIRONMENTAL CONSEQUENCES OF ALTERNATIVES

            In selecting the appropriate, boundary, regulatory and

        management alternatives for the proposed Monterey Bay National

        Marine Sanctuary, NOAA evaluated the environmental consequences of

        their implementation. This section discusses the consequences of

        the status quo as well as Sanctuary alternatives including those

        resulting from the preferred alternative. The consequences of the

        proposed action are discussed in the context of the predicted
        impacts to the affected activities and existing jurisdictions, if
        any, for the affected activity and, the predicted impact to.the

        resources and qualities of the proposed Sanctuary.


































                                        IV-4










               I. Section:    Boundary Alternatives

                    A. Introduction

                    The seven boundary alternatives analyzed would protect
               resources and qualities of the Monterey Bay ecosystem to varying

               degrees of areal extent. Each boundary alternative is explained on

               the basis of distribution of encompassed resources, qualities and

               human uses. Tables XX and XX summarize in comparative form the

               percent of resources and uses encompassed by each boundary

               alternative relative to the entire study area (also boundary #S).

               The environmental consequences of each boundary alternativeare

               discussed in the context of the pkeferred resource protection and

               management regime.

                    Those alternatives that excluded critical components of the

               ecosystem were not considered as they would not have met the intent

               and purpose of the MPRSA to protect special areas of the marine

               environment on an ecosystem basis and to provide a coordinated and

               comprehensive approach to their conservation and management.



                    B. BoundaU Alternative I
                    Boundary alternative #1 is  based both on depth and distance
               from shore and is designed to encompass the nearshore coastal
               resources. The emphasis of this alternative would be on land-sea
               interactions and immediate coastal processes rathe r than the

               offshore marine environment.
                    Active tectonic and sedimentary processes are incorporated
               within this boundary alternative, but does not represent all of


                                                IV-5









                                  TABLE XX. ENVIRONMENTAL CONSEQUENCES OF BOUNDARY ALTERNATIVES


                                  (A) PERCENT RESOURCES ENCOMPASSED


                                  Fr:SOURCECATEGORY                                          BOUNDARY ALTERNATIVES
                                  % Distribution                  1                1           3               4               5                6                  7                 UNIT

                                  Protected Areas
                                                                                                                                                                          All Sites

                                       ebrates
                                  Invert
                                                                                                                                                                                Conen Areas
                                                                                         .......... ...... fl- -.... I......            ,    -       --            ... .*. ". -
                                                                                         ...I......... ...
                                                                                         ................ . . ..... ..
                                  Rockfish                        10               so
                                                                                                                                                                   20     Soawnina Habitat

                                  Squid                           40               40         50                                                                   40     SPawning Habiat

                                  Seabirds                        20               40
                                                                                                                                                                   20                  n Areas
                                                                                       .7
                                                                                                                                                                            of IndMduals
                                  Fissipeds
                                  Pinnipeds                       20               40    mom                                                    40                 20     High GorWn Areas

                                  Celaceans                       20                       . . . . . . . . . .                                  so                 30     High Conc'n Areas
                                                                                                                                            . ................
                                  Canyon Habitat                  10
                                                                                                                                                                   40     ISq. nautical miles
                                  Kelp abitat                     so               50                                                           so                 so     Is-q-. nautical miles
                                  Wetland Habitat                                                                                                                              nautical miles

                                                                  40               40         40
                                  Historical                                                                             am                     40      1          40     IShipwrecks

                                  (B) PERCENT USES ENCOMPASED

                                  USE CATEGORY                                               B"DARY ALTERNATIVES
                                  % Distribution                  1                2           3                4               5               6                  7                 UNIT
                                                                                                                                                                   ................
                                  Comm. Fishing                                                                                                                           Total Fish Vahm
                                  Military                        0                                                                                                10     Sqmni. Train'q Areas
                                  Vessel Traffic                  30               0           40                                               40                 4         Vessels/ Year
                                        allon                                                                                                            ORWILAdl. Ocean Areas
                                  Recre                                                                                                                 '11
                                                                                                                                           ........... ........
                                                                                                                                                                          !@Uare     Miles
                                  Urban Land Use                                                                         WEEMEN
                                  bcs Oil                         20               30          30-                                              20                 20     IMIllion Barrels
                                  OCS Gas                         20               30          30                                               0                  20     81111on Cubic Feet
                                  Discharges (PS)                 50               so                                                           so                 50     OGY Winow in Ocean
                                                                                                                                                                          9GY W\water
                                  Dis6har es NIPS
                                  Resh/Edn                                                                                                                                    at Facmes


                                                                                           Legend                          90-100%
                                                                                                                               80%
                                                                                                                               70%
                                                                                                                               60%
                                                                                                                             0-50%
                                                                                   4











                                         r  e


                                        'r
                                        i @dn





                                  Alternative I          Alternative 2             LAlternative 3          Iternalfive 4          Afternative           Altemative 6            Alternative 7










         these processes. The western boundary includes the Palo Colorado-
         San Gregorio fault zone, the major tectonic boundary of the
         Salinian block; structure and stratigraphy are considerably
         different on either side of the line. The boundary incorporates
         mainly the Monterey, Soquel and Carmel Canyons that principally cut
         the shelf. Also, parts of the three sedimentary cells (Aho Nuevo-

         Northern Monterey, Southern Monterey, and Sur Cells) are included.

         It would only provide a minimal buffer to the natural resources of

         Aho Nuevo and the Big Sur coastline. The heads of the Carmel and

         Monterey Canyons would be included but the deep sea environments of

         the Canyon complexes would be excluded as would the areas above

         these canyons that are important as feeding grounds for sea birds

         and marine mammals.

             The ground water basins for the Monterey Bay region are also

         found within the boundary and_.all of the water quality studies

         associated with issues resulting from point-source and non-point

         source discharges can be addressed. However, offshore eddy,

         current, "jet", upwelling and pollutant dispersion patterns will

         not be incorporated within the boundary and thus receive less

         emphasis from sanctuary initiated research studies and resource

         management initiatives.

             This alternative is designed to encompass all of the resources
         in the immediate vicinity of the coastline (described in Part II,
         Section II). The boundary includes the entire range of fish and
         invertebrates found in the study area but excludes much of the
         feeding area over the Monterey Canyon for seabirds. The area would


                                         IV-6








               include the best areas for sighting cetaceans from shore (off Point
               Lobos, Afto Nuevo and Davenport) and includes the important cetacean
               and seabird feeding areas along the canyon edge.

                    However this alternative does not provide sufficient habitat

               protection to migrating and foraging mammals and Seabirds above the

               Canyon in the open ocean. The northern boundary would not include
               the northern limit of the sea otter range nor the fishery resources
               off Pigeon Point. Also the nearness of the western boundary to the
               coast would not provide the nearshore resources of Aho Nuevo, Big
               Sur and the kelp beds an effective buffer zone from potentially

               harmful offshore activities.

                    The boundaries encompass the areas with the longest history of

               research; the intertidal zone in Monterey Peninsula and around

               Point Lobos. Interpretation of the entire range of habitat and

               community types typical of central and northern California would be

               possible. Monterey Bay, and its adjacent coastline would be the

               focus of the Sanctuary, and of the interpretation program. The

               program could focus on the various coastal environments and upon

               the f ishery and f isheries management issues. Of fshore f isheries,

               such as the trawlers and gill netters would be excluded and not

               available for study or inclusion in Sanctuary management programs

               to protect offshore marine resources. All marine oriented

               recreational opportunities (surfing, diving, sport fishing,

               boating, beachcombing,' nature viewing) would be well represented,

               except for any offshore whale watching trips.
                    This alternative would preclude all State offshore oil and gas


                                               IV-7









        drilling but have almost no impact on proposed Federal OCS Lease
        Sales as the boundary approximately follows the three-mile limit.
        Also, offshore vessel traffic would pass beyond the western edge of
        the proposed boundary and thus be subject only to the prohibition
        regarding extraterritorial discharges, not to the prohibition
        regarding discharges within the Sanctuary. The limited extent of
        the geographical buffer from this boundary alternative leaves the

        resources and qualities of Monterey Bay quite vulnerable to routine

        vessel traffic and.oil and gas activities such as waste and

        discharge disposal as well as more catastrophic events such as well

        blowouts or tanker collisions.

             The Sanctuary could address the sources of point-source and

        non-point source pollution that may affect nearshore Sanctuary

        resources and qualities but would be limited in its ability to

        manage the effects of these waste disposal activities on offshore


        resources.




             C. Boundary Alternative 2

             Proposed boundary alternative #2, the preferred alternative,

        will integrate many important coastal, nearshore, and deep ocean_

        canyon resource zones into one management regime. These zones-

        include Monterey Bay, the Big Sur coastal area, Aho Nuevo, the
        adjacent continental shelf, slope, and rise as well as certain
        highly productive shoreline and intertidal areas, such as Pescadero
        Marsh and Elkhorn Slough, and the deep ocean environments of the
        Ascension, Monterey Bay, Big Sur and Partington Canyon complexes


                                         IV-8









               and a portion of the abyssal plain off Monterey.
                    The coastline boundary is contiguous with 12 units, at the
               California State Park System and Beach System and Ecological
               Reserves. These units include the Point Lobos State Reserve,
               Hopkins Marine Life Refuge, Pacific Grove Marine Gardens Fish

               Refuge, Carmel Bay  Ecological Reserve and the Julia Pfeiffer Burns

               Underwater Park with protection extending to subtidal marine
               habitats. Also, five Areas of Special Biological Significance

               (ASBS), established by the State of California, would be included
               in this alternative. In addition, all major research/education
               institutions in the region are encompassed within the boundary.
                    The boundary includes Afto Nuevo, the most important rookery

               and resting area for pinniped species in central and northern

               California, including the largest breeding population of Stellar
               sea-lions south of Alaska, as well as many colonie@ of sea birds.

               The northern boundary would also encompass the official. northern

               range of the Southern sea otter,, extendinq to 'Pigeon Point.

                    Pescadero Marsh and Creek are iinportant nesting areas for the

               snowy plover, a species of special concern in California. One

               fifth of the State's breeding population of snowy plovers are  found

               in the Monterey Bay region. Pescadero Marsh is the largest coastal.

               wetland between San Francisco Bay and the Elkhorn Slough. Also,

               the northern boundary is designed to encompass valuable commercial

               fishing ground  s including a portion of the dover sole fishery

               between 400 and 1400 m and the nearshore trammel net and trawl

               fishery for halibut. Pigeon Point   is also the site of the greatest


                                                IV-9









         sport and commercial salmon fishing within this boundary
         alternative early in the season.

             The oil and gas resourcesto the north of the preferred
         boundary alternative #2 would still be available for leasing. In
         all areas of the Central California Planning Area NOAA will work
         closely with MMS to determine any additional technological

         safeguards that may be necessary to protect the resources and
         qualities of the Sanctuary from any potential environmental injury.
         This boundary alternative provides a buffer zone for Sanctuary
         resources and qualities from oil and gas activities, enabling
         physical and chemical weathering of any potential oil spills before
         contact with the coast of Monterey Bay, and a greater response time

         to deploy booms and oil-spill clean-up equipment in areas of

         predicted high vulnerability.

              offshore vessel traffic would pass within the western edge of

         the proposed boundary. Thus vessel traffic within the Sanctuary

         would be subject to the Sanctuary prohibitions on discharges and

         deposits within the Sanctuary. However, the resources and

         qualities of the Monterey Bay area would still be vulnerable to

         catastrophic events such as vessel collisions or groundings and

         subsequent spill of oil or hazardous materials. The extent of-the

         potential injury would depend on the season and corresponding

         current pattern, location and size of the spill.
              The western boundary is constrained primarily from depth and
         geomorphic parameters. The boundary coincides with the termination
         of the Monterey Canyon on the ocean's abyssal plain at the Paleo


                                        IV-10









                Subduction Zone. Within this boundary the very active tectonic

                (fault rupture, earthquakes, landslides) and sedimentary processes
                (turbidity flows, landslides, littoral drift) of the Monterey Bay

                region take place.   Three major sedimentary cells (Aho Nuevo-

                Northern Monterey Bay, Southern Monterey Bay, and Sur cells) are

                present, terminated by Monterey, Carmel and Sur Canyons

                respectively. The entire Monterey Canyon system consisting of

                Ascension, Soquel, Monterey, and Carmel Canyons are included as

                well as the Fan-Valleys of Monterey Canyon.

                     The western boundary will encompass the deep ocean floor where

                recently cold-seeps were discovered that nourish abyssal,

                biological communities (EEZ News, October, 1989).    These deep-sea

                communities have only recently been discovered and investigated and

                usually only in association with deep-sea hydrothermal vents. Many

                birds and mammals are found feeding in the deep waters over the

                Monterey Canyon. Many of these species are endangered or

                threatened and almost the entire population of ashy storm-petrels

                feed during summer and fall within the 1000 fathom (2000 m) isobath
                which is encompassed by the central and northern portions of the

                proposed boundary.

                     The southern boundary is drawn to encompass a shallow

                sublittorial habitat west of Point Sur. This Sur platform is
                heavily fished with different gear types for rockfish, dover sole,
                swordfish and thresher sharks. It is also a well known area to

                divers for its abundant and varied populations of benthic
                invertebrates.   A recent benthic survey of the area discovered an


                                                IV-11









         extraordinary, diverse and abundant benthic community on this rocky
         platform (Cordell Expeditions, 1990). The preferred boundary
         encompasses a major portion of the Sur Canyon and the Partington
         Canyon complexes and is contiguous with the southern boundary of
         the Julia Pfeiffer Burns Underwater Park and ASBS.

              This southern area contains a pristine environment that is
         relatively uncontaminated when compared with more developed areas
         such as San Francisco Bay. The high water quality of this southern
         area provides the Sanctuary research program with an opportunity to
         contrast pollutant studies between developed versus undeveloped

        .land/sea interfaces.

              Throughout the entire area the oceanic circulation is highly
         variable. Many complex current patterns exist within the preferred

         boundary. For example, the Dungeness crab species is not produced

         locally, rather it is advected into local waters by prevailing

         currents (W. Graham, preliminary data,. unpublished Master's Thesis,

         U.C. Santa,Cruz). The influencing current during the relevant

         months (April-July) is the southerly flowing California Current.

         The Dungeness crab fishery is the most important commercial crab

         fishery on the West Coast. However the fishery has been greatly

         reduced due to a number of possible causes including overfishing in

         northern Monterey Bay (Dahlstrom and Wild, 1983), changes in ocean

         currents, increase in parasites that destroy the crab's eggs, and a

         decrease in water quality from adjacent land uses, leaving a small
         fishery in the Moss Landing area. To re-establish a fishery for
         the Santa Cruz region the larvae need to recruit to local waters


                                         IV-12









               from north of Monterey Bay and produce an adult population that
               will approach self-maintaining.
                    Wind-driven, coastal upwellinq occurs north and south of

               Monterey Bay and upwelled waters from these areas may be advected
               into the Bay.   These nutrient rich waters play a vital role in
               sustaining the high productivity of the Monterey Bay ecosystem.
               one locus of upwelling is the coastline south of Monterey, where
               currents and "jets" occur and may concentrate plankton, food for
               fishes, birds and mammals. These Areas are encompassed by the

               proposed boundary and provide an opportunity to plan research

               studies to investigate these oceanographic mechanisms.

                    Consideration of the physical oceanographic dynamics is

               important to protect the Sanctuary resources from possible

               contaminants transportable by currents and eddies. Coastal

               currents can transport dissolved or suspended materials at the rate

               of 10-20 miles/day. The oil spilled by the Puerto Rican in

               october/November 1984 traveled 20 miles overnight.

                    Research shows many instances of coastal waters being carried

               into the Bay from offshore. Main coastal current direction varies

               seasonally, so transport can come from either north or south. The

               preferred alternative boundaries to the north and south will create

               a buffer zone for many of the most sensitive Sanctuary resources

               and provide the Sanctuary Manager adequate response time to prepare

               contingency plans for pollutants travelling along the coast. The
               western boundary lies seaward of important coastal eddies and

               "jets" that enter Monterey Bay.


                                               IV-13









             In addition to unifying the rich habitat areas listed above in
        one management and planning area, the proposed Sanctuary, through
        regulations, would create a buffer area between potentially harmful
        activities outside the proposed Sanctuary and especially sensitive
        habitat areas within. In short, the marine ecosystem's diverse
        resource endowment and rich productivity make it an area of
        regional and national significance. The area deserves long-term
        protection and enhancement to complement the protection already
        provided for some of its resources onshore and for sections of the

        nearshore zone along the northern Monterey Bay coastline, Monterey
        Bay itself, and the Big Sur coastline to the south. Overall, this

        alternative is focused on Monterey Bay and enables coordination of

        research and education facilities in the area as well as

        facilitates cooperation with State and local management authorities

        directly involved with the Bay.



             D. Boundary Alternative 3

             Boundary alternative #3 is a variation of alternative #2 with

        a southern extension. All of the resources, uses and management

        considerations described above for boundary #2 would be

        incorporated. This discussion only references those additional

        resources, uses and management considerations incorporated with a

        southern extension.

             The southern boundary is designed to coincide with the

        southern boundary of the California Sea otter Refuge and encompass
        the undeveloped and"protected coastline along the Los Padres


                                        IV-14









               National Forest. This would provide an opportunity to integrate
               management and research plans on land and sea interactions across
               relatively pristine representatives of the two environments. In
               addition to the resources and features encompassed by the preferred
               alternative,'this southern extension encompasses additional
               concentrations of bird, fish and mammal habitat, and particularly

               offshore concentrations of marine mammals.

                    Around Big Creek, Lopez Point an Grimes Point are unusually
               dense and diverse populations of encrusting invertebrates,
               including the hydrocoral, Allopora californica.     Large areas of
              -Giant Kelp and Bull Kelp are found along this southern coastline.

               Lopez Point is an important breeding and nesting area for large

               colonies of Pelagic.and Brandts Cormorants, Western Gulls and

               Pigeon Guillemots. Around Lopez Point are large -concentrations of

               squid and a rich area for the salmon fishery. An ASBS is located

               around the mouth of Salmon Creek. Large concentrations of harbor

               seals use the beaches north of Plaskett Rock as a haulout site.

               Cape San Martin is important as a haulout area for California sea

               lions and is also a mainland breeding site for the northern

               elephant seal. This boundary would also encompass two additional

               research centers, namely the U.C. Landels-Hill Big Creek Natural

               Reserve and the U.S. FWS Field Research Station at Point Piedras

               Blancas. Finally, this southern extension would provide more

               protection to the C ali*fornia sea otter by encompassing the entire

               range of the Official California Sea Otter Refuge.
                    Although this third alternative would provide additional


                                                IV-15










        protection to the resources and pristine habitats to the south as

        well as encompassing the entire sea otter refuge, these resources

        seem adequately protected by existing management authorities and

        not under any immediate or long-term threat from harmful human

        activities, in this southern area.

             This boundary alternative is also prohibitive due to its large
        size and the associated problems with management logistics.

        Enforcement activities would be too diffuse throughout the

        Sanctuary to protect the resources adequately. The area does not

        seem to need any additional layer of protection as it is relatively

        undisturbed by human activities and largely inaccessible to

        visitors. No additional discharges are known to be in this area

        but it would include a greater area of the OCS Central California

        Planning Area and preclude any future Lease Sales in this area.

             Finally the preferred alternative, Boundary Alternative #2,

        encompasses similar types of resources and habitats. that are

        included in this southern extension of boundary Alternative #2.



             E. Boundary Alternative 4

             Boundary alternative #4 is presented in response to public
        comments during the scoping meetings and is justified on the basis
        of providing a continuous management regime between the Gulf of the
        Farallones National Marine Sanctuary and the proposed Monterey Bay
        National Marine Sanctuary. This alternative is a variation of

        alternative #2 with a northern extension. All of the resources?
        uses and management considerations described above for boundary #2


                                        IV-16









               would be incorporated. This discussion only references those
               additional resources, uses and management considerations

               incorporated with a northern extension.

                    A continuous Sanctuary would ensure that the resources of the

               Monterey Bay area would not be vulnerable to any discharges between

               the Gulf of the Farallones NMS and the proposed Monterey Bay NMS

               and migratory species would be better protected within a continuous

               Central California Marine Sanctuary. This northern extension

               encompasses additional fish, seabird and marine mammal habitat

               particularly offshore concentrations of seabirds.

                    This alternative would also encompass the coastal resources of

               the San Mateo Coast including the James V. Fitzgerald Marine

               Reserve Area and ASBS as well as the fishery resources and industry

               in Half Moon Bay and Princeton Harbor. Finally, the recreational

               and public interpretation facilities of the Golden Gate National

               Recreation Area could be incorporated into the educational program

               of the Sanctuary as well as large numbers of historical and

               cultural sites particularly shipwrecks off of the Golden Gate.

                    Although this fourth alternative would provide a

               jurisdictional. link betveen the Gulf of the Farallones and Monterey

               Bay NMSs, it does not encompass additional special marine resources

               to warrant Sanctuary protection.

                    The offshore area is used heavily by vessels entering and
               exiting San Francisco 'and the Corps of Engineers for dumping and
               dredging activities. Additional areas within this northern area
               are also being considered for future disposal of dredge material


                                               IV-17










        and potentially, highly productive oil and gas reserves would be

        encompassed. Extensive military activity occurs in this area

        especially during submarine training operations. Finally, this
        area is heavily impacted by both point source and non-point source

        pollution, primarily from the urbanized areas of northern coastal

        San Mateo County and San Francisco County.

             overall this northern extension is not included as part of the

        Monterey Bay National Marine Sanctuary regime due to: (1) the lack

        of any additional, special concentrations of resources and

        qualities, (2) a minimal increase in the public benefit derived

        from the extension, (3) a potentially large negative impact to

        present and potential users of the area and, (4) the increase in

        size of the Sanctuary would decrease its manageability and increase

        costs required for adequate enforcement, surveillance, education

        and research.



             F. Boundaa Alternative 5
             Boundary alternative #.5, the study area, includes all of the
        resources uses and management considerations discussed above for
        boundary*#2 as well as both the extensions south and north
        described for alternatives #3 and #4 respectively.
             This alternative represents a total combination of all the
        different public comments and resource information gathered during
        the scoping process, preparation of the DEIS/MP and public
        hearings. only a couple of commenters suggested that the
        alternatives include an even larger boundary extending from.the        -0

                                        IV-18










               State of Alaska to the Mexican border and out to 200 miles. This
               suggestion was determined to be beyond the scope of reasonable
               analysis for the draft environmental impact statement/management

               plan for the proposed Monterey Bay National Marine Sanctuary and

               therefore was not considered further.

                    Alternative 5, as well as 3 and 4, all suffer the major

               disadvantage of extending the boundary beyond the biological,

               geological and physical oceanographic resources of the Monterey Bay

               area. In addition, the disadvantages associated with boundaries

               3 and #4 would still apply including the: 1) adequacy of the

               existing management regimes (particularly to the south), 2) the few

               public benefits to be derived and potentially large negative

               impacts (particularly to the north), 3) the lack of additional

               resources and qualities needing protection and the unwieldiness of

               the extensions from a management perspective and 4) the cost from

               operational considerations.



                    G. Boundary Alternative 6

                    Boundary alternative #6 is based on -excluding areas offered by

               no canceled Lease Sale 119 for development of hydrocarbon

               resources. The exclusion of all of Lease Sale 119 from the
               proposed boundary would make available any oil, gas or mineral
               resources in the southern portion of the ex-Lease Sale area (Figure
               XX). This area has geological characteristics that may have
               resulted in the generation and accumulation of commercial volumes
               of hydrocarbons (Mullins and Nagel, 1982). Economically


                                               IV-19






        recoverable hydrocarbon resources could possibly exist and, under      0
        this alternative, therefore be available for development by the oil
        and gas industry.

             NOAA would coordinate with MMS during all phases of the OCS
        development planning process, including prior to the exploration
        plan approval, to determine any additional technological safeguards
        or environmental monitoring that may be necessary to help protect

        Sanctuary resources and qualities.

             Oil and gas offshore operational technology has advanced
        considerably since the 1960's (Baker, 1985) and the experiences

        from past blowouts and spills have served as the catalyst for the

        present day relatively strong Federal OCS oil and gas regulatory

        regime. Department of the Interior, MMS, final rule for oil and

        gas and sulphur operations in the OCS, (30 CFR Parts 250 and 256)

        provides the regulatory regime for more performance standards and

        new and updated requirements for operational and environmental

        safety. The use of Best Available and Safest Technologies is

        required by the Director of MMS to help prevent significant effects

        on safety, health or the environment (30 CFR Part 250.22).

        Numerou s regulations exist to help prevent blowouts during the

        different phases of oil and gas activities and which require

        adequately trained personnel during OCS operations.

             However, it is NOAA1s mandate under the MPRSA to identify

        special areas of the'mAr ine environment of special National
        significance due to their resource or human-use values and provide
        authority for comprehensive and coordinated  conservation and          Is
                                        IV-20










               management of these marine areas. Since Monterey Bay was

               considered for National Marine Sanctuary status in December 1979,

               NOAA has appraised the physical, geological, chemical and

               biological resources of the Monterey Bay area as part of an entire

               ecosystem. The distinct and complex bathymetry, current patterns

               and ocean structure induce upwelling of productive nutrient-rich

               waters that, in turn, are directly responsible for the abundant and

               diverse biological resources that are distributed from as far north

               as Aho Nuevo and Pigeon Point to south of the Big Sur coastline.

               The combination of this ecosystem's resources and human uses in the

               proposed Monterey Bay National Marine Sanctuary meet all of the

               criteria set by NOAA for meeting the standards of the MPRSA.

                    Although it is clear that the natural resources and qualities

               of Monterey Bay are of National significance, scientific evidence
               and public opinion are still divided regarding the effects of oil
               and gas activities on these natural resources despite the available
               technology and operational regulations used in developing the OCS.
                    In general, boundary alternative #6 would not only exclude the
               majority of biological resources that are part of the Monterey Bay
               area ecosystem but leave the Monterey Bay area vulnerable to oil
               spills, blowouts, noise and visual disturbances and pollution from

               aquatic discharges. Specifically:
               (a) There would be no buffer for Afio Nuevo. or fishing grounds in
                    two canyons to-the north of Monterey Bay,
               (b) scenic beauty north   of Monterey Bay would be substantially

                    altered,


                                               IV-21










         (c) The threat of oil spills (50% probability of 0.69 estimated

              mean number of spills of greater than 1000 barrels from
              activities directly associated with oil and gas activities in
              the central California OCS Planning area) and the discharges
              (estimated 302,000 barrels of muds and cuttings and 225
              million barrels of formation waters), despite MMS controls,

              would certainly affect Sanctuary resources and qualities due

              to south flowing current and minimal amount of time for

              chemical and physical weathering processes.

              Due to the mandate of the MPRSA to protect Nationally

         significant natural resources and qualities from an ecosystem

         perspective and the reality of the threat to these resources in the

         Monterey Bay area, NOAA is proposing to eliminate concern for any

         adverse environmental impacts that may occur in the Sanctuary from

         oil and gas activities by prohibiting these activities within the

         proposed Sanctuary boundary (Alternative #2).



              H. Boundary Alternative 7

              Boundary alternative #7 is also based on excluding areas

         offered by ex-Lease Sale 119 for development of hydrocarbon

         resources. Like boundary alternative #6 this scenario would

         exclude all of ex-Lease Sale 119 as well as additional areas

         adjacent to ex-Lease Sale 119 and all the area south of Monterey
         Canyon exclusive of state waters. This alternative makes the
         economically recoverable hydrocarbon resources that possibly exist
         in these areas potentially available for future development.


                                         IV-22









                    This boundary alternative encompasses the same coastal uses,

                resources and qualities described for boundary alternative #1 and

                in addition focuses on encompassing the main features of the

                Monterey Canyon at depths below 500 fathoms.

                   The same drawbacks advanced for boundary alternative #6

                regarding both offshore technology and NOAA's statutory authority

                under the MPRSA apply to boundary alternative V. this boundary

                alternative would leave the Monterey Bay area vulnerable to oil

                spills, blowouts, noise and visual disturbances, and pollution from

                aquatic discharges.

                    Specifically, there would be no buffer for Afto Nuevo or

                fishing grounds in the canyons to the north of Nonterey Bay, there

                would be no buffer for Point Sur or f ishing grounds in

                Partington Canyon to the south of Monterey Bay and signif icant
                portions of primary commercial fishing areas notably Rockfish
                longline fisheries, trawling zones off Santa Cruz, and similar

                longline fisheries off Point Lobos would be excluded.
                     Significant seaward extensions of Ascension and Partington
                submarine canyons would be excluded, as would significant areas of

                habitat for migrating and foraging animals above and below Monterey
                Canyon. In addition, important areas of upwolling, @-oceanic
                currents, eddies and jets north and south of Monterey Canyon would

                be excluded.

                     The scenic beauty north and south of Monterey Bay would be
                substantially altered and the threat of oil spills and drilling
                discharges would be extended to exceptionally pristine ocean


                                                IV-23






        environments south of Monterey canyon.                                  0










                                                                                0









                                                                               .0
                                         IV-24











               II.  Section: Regulatory Alternatives

                    A. Introduction

                    This section analyses the environmental consequences of the
               nine activities included within the scope of the Sanctuary
               regulations. For each activity there is an analysis of the impact
               of a specific Sanctuary regulatory alternative compared with the
               status quo alternative, to natural resources and to human uses,
               including identification of the preferred Sanctuary action.
                    Table XX, summarizes the overall environmental consequences of
               all regulations for each of the seven proposed Sanctuary
              .boundaries. This comparative analysis is based in part on: (1) a
               quantitative understanding of the resources and uses encompassed

               within each boundary (see Tables XX and XX) and; (2) a qualitative

               assessment of the predicted impact to the human uses and resources

               and qualities within each boundary from all Sanctuary regulations

               considered together (i.e. cumulative impact) as well as under the

               status quo.

                    overall, the proposed regulations and designation are intended

               to: (1) improve resource protection by instituting new regulatory

               measures and by supplementing present surveillance and enforcement

               actions; (2) minimize negative impacts to human uses, particularly

               to those deemed consistent with the purposes of the Sanctuary and;

               (3) provide for a manageable area including such factors as its

               size, its ability to be defined as a discrete ecological unit, its

               accessibility, and its suitability for monitoring and enforcement

               activities. -



                                               IV-25






                         Table . ENVIRONMENTAL CONSEQUENCES OF REGULATIONS
                                                        BY SANCTUARY BOUNDARY

                         @(A) Predicted Cumulative impact to Selected Resources Under Status Quo

                             Resource                            Boundary Alternatives
                             Category          1        2         3    1   4        5         6        7       UNIT
                         Protected Areas                         0        E:1                0        0      All sites
                         Invertebrates                           F7                          1:1             High Conc'n kans
                         Rockfish                                                         I                  Spawninq Habitat
                         Squid                                                                               Spawning Habitat
                         Seabirds                      El        E:1      9]        E@]                      Hiqh Conc' Areas
                         Fissipeds                     [:1       0        1:1                                # of Individuals
                         Pinnipeds                     1:1       [__1     Ej                                 High Conc'n Areas
                         Cataceans                     E:1       F-1   I E:1        71    1                  1 High Conc'n Areas
                         Canyon Habitat                                                                      ISQ. Nautical Miles
                         Kelp Habitat                            E]                 F7       E               Sq. Nautical Miles
                         Wetland Habitat      E::]     E__1      E        E@i       E@i      E]              SQ. Nautical Miles
                         Historical           0     L 0          0        0         OL,01             0 # of Shipwrecks

                         (B) Predicted Cumulative Impact to Selected Users Under Status Quo

                                                                 Boundary Alternatives
                          Use Category         1        2         3        4        5     1   6        7       UNIT
                         Comm. Fishing        [::]               El       ffJ       ff@J     7@       [::]   Total Fish Value
                         Military __          El                 F7       [:1       71       ID       D - Sq. . Mi. Training Area
                         Vessel Traffic       0        0         0                           0        0 Vessels/Year
                         Recreation           0        0         0        0         0     1  0        0 # Ocean Adjacent Areas
                         Urban Land Use       0        0         0                  (@@)     0        0 -Square Miles
                         OCS Oil              0        G         G)       0         0        0        0 Million Barrels
                         OCS Gas              0        @9)       9@       0         0        0        0 Billion Cubic Feet
                         Discharge (PS)                                   0         0                        BGY Wastewater to Ocean
                         Dis&arge (NPS)       0        0         0                           0        0 1BGY Wastewater
                         Research/Educ'n      0        0         0        0         0        0        0      1# of Facilities

                                             -0                                     0        (9
                              LEGEND          HC-111 MEDIUM      LOW Minimal        LOW    MEDIUM     HGH


                                           Negative              REGULATORYIMPACT                   positive
                                                                                    5






























               Alternative 1     Alternafive 2     Alternative 3     Alternative 4      Alternative 5    Alternafive 6    Alternative 7








                                     Table . Continued.

                                     A Predicted Cumulative Impact to Selected ResourcOS from Sanctuary Regulations

                                        RESOURCE -                         BOUNDARY ALTERNATIVES
                                        CATEGORY            1         2         3         4        5         6         7        UNrr
                                     Protected eas                                                                    0      All Sites
                                                                                                                      7_7
                                     Invertabr  tes                                                                   @,_)_Hiqh Conen Areas
                                     Rockfish                                                                                Spawning Habitat

                                     Squid                                                                                   Spawning Habitat

                                     Seabirds                                                                                High Conc'n Areas
                                     Fissipeds                                                              0                # of Individuals-
                                     Pinnipeds                                                                               High Conc'n Ajeas

                                     Cataceans                                                                               High Conc'n Areas

                                     Canyon Habitat                                             f                            Sq. Nautical Miles

                                     Kelp Habitat                                                                            Sq. Nautical Miles

                                     Wetland Habitat                                                                         Sq. Nautical Miles

                                     Historical                                                 L                               of Shipwrecks


                                     (D) Predicted Cumuladve impact to Selected Users from Sanctuary Regulations

                                                                              Bound ry Alternatives
                                       Use Category          1        2         3         4         5        6         7        UW
                                     Comm. Fishing         0         0         0         0         0        0         0 al Fish Value
                                     Military                                            E]       El        1:1               q. N. Mi. Trairting Area
                                     Vessel Traffic                                      E@@    I                     =      Ivessels/Year
                                     Recreation                                                                              # Ocean Ad'acent Areas

                                     Urban Land Use                                                                          Square Miles
                                     OCS Oil                                                                                 Million Barrels
                                     OCS Gas                                                                       1         1131111on Cubic Feet

                                                                                                                                   Wastewater to Ocean
                                     Discharges (PS)
                                     Discharges IMPS1      F-1                                                            i  8GY    Wastewater
                                     Research/Edu n                                                                          f# of  Facilities

                                     Abbreviations       Conen - Concentration, Sq.      Square, Sq.N.Ml.     Square Nautical Miles, PS- Point Source,
                                                          NPS     Non-Point Source, EdLen       Education, BGY    Billion Gallons Year.
                                                   Y
                                                Areasff
                                                tes
                                               a@
































                                                                                                                             -Tat

                                                                                                                             'S











             It is important to note that as NOAA promulgates these

         regulations the Agency must work within the constraints of Title

         III of the MPRSA. Specifically, section 304(c) provides that NOAA

         cannot terminate valid leases, permits, licenses or rights of

         subsistence use or of access existing as of the date of Sanctuary

         designation but can regulate the exercise of such authorizations

         and rights consistent with the purposes for which the Sanctuary was

         designated.










































                                         IV-26











                    B. Oil, Gas and Mineral Activities

                         1. Status Quo

                              a. Consecruence of Impact to Resources

                    Part of the rationale for including boundary alternatives that

               would permit neighboring oil and gas activities is based on the

               assumption that the status quo regulatory and administrative

               offshore oil and gas regime is adequate in preventing significant

               adverse impacts of oil-and gas activities on the environment. oil

               and gas offshore operational technology has advanced considerably

               since the 1960's (Baker, 1985) and the experiences from past

               blowouts and spills have served as the catalyst for the present day

               relatively strong Federal OCS oil ancr gas regulatory regime.

                    However, it is still possible that adverse environmental

               impacts may occur within the Sanctuary as a result of oil spills,
               synergistic effects of various discharges from oil and gas

               activities associated with nearness to a drilling site, or

               sublethal effects from low-level exposure to these wastes

               discharged from oil and gas activities.
                    offshore hydrocarbon exploration, development and production
               activities, including the transshipment of oil to the mainland, may
               cause unforseen and potentially substantial discharges of oil
               (chronic and catastrophic discharges) into the marine environment
               in a number of ways. Sanctuary uses, resources and qualities are
               at risk from the adverse impacts of:    (1) well blowouts caused by
               equipment failure or damage and geologic hazards, (2) oil spills
               and pipeline leaks, (3) noise and visual disturbances caused by


                                               IV-27










          drilling, the presence of drill rigs or platform, work crews,

          supply boats, and helicopters, (4) pollution associated with

          aquatic discharges, and (5) short-term pipeline construction

          upheaval.

               Table 13 summarizes the known threats to marine resources and

          qualities which result from offshore oil and gas activities.

          Estimates of the magnitudes of these threats (where possible) is

          given below.

               According to MMS (1987) the estimated mean number (Est. Mean

             and probability (Prob.) of each source of spill, using a Poisson

          distribution, is as follows:

          -Spills from OCS Sources
               in Central California             Est. Mean              Prob.

                     Platforms                      0.30
                     Pipelines                      0.00
                     Tankers                        0.39

                     SUBTOTAL                       0.69                0.5

          -Spills From Other   sources in central   California

                     Current 5-Year Plan            0.36                0.3
                     OCS Transport
                     Other Domestic                 1.51                0.78
                     Transport
                     Imported Transport             1.42                0.76

                     TOTAL--SPILLS: ALL SOURCES     3.98                0.98


                If during exploration, oil companies discover major
          hydrocarbon resources, then an unknown amount of additional sales
          with associated development could occur with a corresponding
          increase in the probability of an oil spill. Likewise, the reverse
          may be true if less hydrocarbon resources are discovered than


                                             IV-28









                Table 10. 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/Catastro2hic Events

                ELcRloration
                    seismic             Noise,                Sub-surface noise,
                     Profiling          "startle effect"      Concussion
                    Drilling                                  Siltation,
                                                              Turbidity increase
                    Boat Traffic        Sub-surface noise  and
                                            propeller hits

                OReration
                 offshore facilities
                    Platforms           Intrusion
                    well head           Leakage/seepage       Blow-out
                 Sup2ort
                    Supply boats        sub-surface noise and
                                            propeller hits
                    Aircraft            Noise in the air

                TransRort
                    Pipelines           Leakage               Rupture
                    Pumping buoys       Leakage
                    Barges/Tankers      Bilge oil intrusion   collision or grounding

                Clean-uR
                 oil on water           Intrusion
                    skimmers
                    Burn-off                                  Pollution--air
                    Chemicals           Toxicity of Chemical  Pollution--water

                  Grounded oil
                      Dispersants;      Disturbance to         Pollution--sediments
                      Booms             sensitive bird and     Habitat destruct ion
                      Straw             namma2 populations on
                      Chemicals         beaches and haul-out
                      Presence of crew  areas
                       and equipment












               estimated.

                    In addition to oil spills a wide variety of pollutant
               discharges are normally associated with OCS oil and gas
               development: drill cutting and muds, sewage and trash, formation
               waters, marine corrosion products, and air pollutants (e.g.

               petroleum aerosol and exhausts).

                    Hazards to living resources from oil development operations

               can result from the on-site discharge of drill cuttings and
               drilling muds which may adversely affect benthic biota as well as

               fishery resources, seabirds and marine mammals. An estimated

               302,000 barrels of,muds and cuttings and 225 million barrels of

               formation waters would be discharged during the lifetime of

               potential OCS development off central California (MMS, 1987).

                    In 1983, the Marine Board of the National Research Council

               conducted a study of drilling discharges. The study found that

               these discharges present minimal risk to the marine environment.

               The Marine Board did note, however, that drilling discharges do

               have an impact on the immediate benthic environment (National

               Research Council - Marine Board, 19S3)    Bowever# more recent

               research (EPA, 1985) has shown significant benthic impacts from

               platform discharges up to two miles from drilling sites.

                    Air pollution discharges normally associated with hydrocarbon

               activities disperse rapidly into the atmosphere or ocean waters,

               and thus pose relatively minor threats to sanctuary resources.
                    oil and gas platforms, rig, and related activities produce

               both a visual intrusion on the scenic qualities of the area's


                                               IV-29










        seascape and disturbances due to construction activities and to the
        sound and movement of boats and helicopters (U. S. Bureau of Land

        Management, 1979). The continuous human activity associated with
        oil and gas development and the steady stream of crew and supply
        boats produce visual impacts and noise which may disturb marine
        birds and marine mammals, particularly during sensitive nesting,
        pupping and migration seasons.    If these disturbances occur very
        close to shore stampeding by pinnipeds or sudden flights by nesting
        birds can occur (U.S. Bureau of Land Management, 1979).

             During critical breeding periods such reactions could result

       .in increased mortality rates in young marine birds and marine

        mammals (U.S. Bureau of Land Management, 1979). A higher general

        level of human intrusion feasibly could discourage pinnipeds such

        as the Stellar Sealions from ever fully recovering at their

        breeding areas on Afto Nuevo, although the likelihood of this

        occurring has not been scientifically substantiated.

                       b. Consecruence of ImRact to Uses

             Oil and gas industry development in the area would potentially

        increase with the production of oil and gas for the Nation's energy

        needs. The necessary infrastructure for such development would

        involve coastal development and urbanization to provide support

        facilities for the offshore platforms. Such an increase in use may

        also have the indirect affect of displacing traditional uses such
        as fishing over areas used by the platforms and sightseeing that
        would be interrupted by the aesthetic disturbance of the platforms.




                                        IV-30











                          2. Sanctuary Alternative 2 (Preferred)

                               a. 'Consecruence of Impact to Resources

                    By excluding hydrocarbon activities from the Sanctuary, the

                proposed regulation establishes a "time and space" buffer area

                between oil and gas activities and particularly sensitive island

                and nearshore habitat areas. Table 14 describes how NOAA's

                proposed Sanctuary provisions will help mitigate the impacts of

                offshore oil and gas activities.

                    Although there are stipulations on oil and gas leases imposed

                by MMS in environmentally sensitive areas, and MMS regulations (30

                CFR Part 250) address many safety and environmental concerns,

                considering the known vulnerability of the marine flora and fauna

                to oil spillage and the difficulty of containing oil spills in the

                open ocean, a prohibition of oil and gas development is necessary

                to achieve formal acknowledgment, and more coordinated long-term

                stewardship, of the region's significant offshore resources.

                     The proposed development of the OCS to the north of Monterey
                Bay poses concern due to thhe southward flowing current for much of
                the year, and the close juxtaposition of the breeding and resting
                habitat at Afto Nuevo. The predominantly northward flow in coastal
                areas south of Point Sur may also move the spilled oil into the
                Sanctuary from future exploration in the Santa Maria Basin.
                     The proposed prohibition on oil, gas and mineral activities in
                the Sanctuary establishes this area as a buffer within the
                Sanctuary between possible oil spills occurring outside the
   0            Sanctuary as a result of any future proposed lease sales in the
                                                IV-31









               Table 11.    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
                                                32 Units of State Park, Beach,
                                                Reserves and Refuges and the
                                                proposed Sanctuary itself.
                                              --Reduces potential air pollution.










        Central California Planning Area and the highly sensitive Aho Nuevo
        island and mainland coastal and intertidal habitats.
             These habitats range from protected marsh areas to unprotected
        coastal rocks, and are vital to the rich bird, fish, marine mammal,
        and intertidal populations in the area (see Part II). The
        existence of a buffer zone within the Sanctuary ensures that in the

        event of an oil spill, the oil would have to undergo a minimum

        amount of weathering before-reaching more sensitive nearshore and

        intertidal areas. The weathering process would allow the more

        toxic fractions of the petroleum to evaporate and would permit some

        natural dispersion to occur. Also, San Francisco Bay-based

        contingency crews would have more time to reach the spill site and

        deploy containment and/or diversion equipment either at sea or

        around entrances to highly vulnerable Bays and sloughs.

             The proposed regulation's prohibition of hydrocarbon

        activities throughout the Sanctuary will prevent certain discharges

        of contaminants due to routine rig and platform operations, which

        would occur if the tracts were leased and developed.    The

        exclusion of oil and gas activities will eliminate concern for any

        adverse' environmental impacts that may occur within the Sanctuary

        as a result of synergistic effects of various discharges, nearness

        to a drilling site, or sublethaleffects from low-level exposure to

        these wastes discharged. While discharges outside the boundary may
        reach the proposed Sanctuary, their impacts will be minimized by
        dispersion and dilution. Further, discharges or deposits from
        beyond the boundaries of the Sanctuary that  subsequently enter the


                                         IV-32









               sanctuary and injure a Sanctuary resource or quality are prohibited
               if it may reasonably be expected at the time of such discharge or

               deposit that the materials or other substances discharged or

               deposited will enter the Sanctuary and injure a Sanctuary resource

               or quality (See below under Discharges).

                    Prohibition of hydrocarbon activities will enhance the

               offshore area's aesthetic wilderness qualities as well as those of

               the adjacent mainland coastal region due to the benefit of reducing

               discharge of pollutants to the atmosphere. Examples of this

               enhancement are the indirect benefits accruing to the Point Reyes

               National Seashore (a Class I area under the Clean Air Act) and the

               Golden Gate National Recreation Area.   The prohibition of oil and

               gas activities within the Sanctuary pursuant to future leases would

               reduce the potenti ally adverse aesthetic impacts from oil and gas
               platforms, rigs, pipeline construction, and other activities, and

               serve to preserve the wilderness character of the Island waters.
               While the significance of undisturbed views and wilderness is
               difficult to quantify in monetary terms, their protection is
               nonetheless important, particularly in proximity to heavily
               populated urban areas such as the San Francisco Bay metropolitan
               region and given the international fame of the Route 1 scenic drive
               along the Monterey Bay and Big Sur coastline. The area has never
               been exposed to offshore oil and gas development and no platforms

               have ever been visible from the shore.

                               b.  consequence of Impact to Uses
                    NOAA's proposed prohibition of future oil and gas exploration


                                               IV-33










         and development within the Sanctuary boundaries would lessen the

         noise and human activity in coastal and offshore waters. It would

         also decrease the need for additional supply boats to enter the

         nearshore waters and overflights of helicopters that incidentally

         approach nesting or resting marine mammals or marine birds.

              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 resourcest

         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

         acou stical disturbance. In addition, the Sanctuary research and
         education programs will have long-term benefits by enabling natural
         resource managers to make better informed decisions regarding the
         preservation, enhancement and possible additional economic benefits

         of the area's natural resources and uses.
              This regulation will however, eliminate any use of the area by


                                         IV-34









                the oil and gas industry.
                    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 and
                930 billion cubic feet of gas (Cooke and Dellagiarino, in press).
                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. It is
                estimated (Personal Communication, MMS, July, 1991) 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 150 billion cubic feet of gas
                with an estimated net economic value of 280 to 370 million dollars,

                as of 1989.

                     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


                                                IV-35








         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.
              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

         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 f ields 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
         in the Central California Planning Area and other factors which may
         make recovery more or less economically feasible, such as increases


                                         IV-36










               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.

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

                    Finally, oil and gas resources to the north of the proposed

               Sanctuary, that are part of future Lease Sales within the Central

               California Planning Area, would still be available.
































                                               IV-37











             C. Discharges or Deposits

                  1. Status Ouo


                        a. Conseguence of Impact to Resources

             The consequences of the status quo impacts to resources and

         qualities results in a combination of the discharges and deposits

         that form the background or ambient water quality in the Monterey
         Bay area. The overall result oe the status quo is that with

         increasing human uses in the ocean and adjacent watersheds

         discharges and deposits into the proposed Sanctuary can be

         predicted to increase thus further threatening the resources and

         qualities of the area, particularly in the coastal zone, and human

         uses such as fishing and recreation that depend upon high water
         quality.            (1) Dischagges from Point Sources
              The CWA furnishes some protection to marine resources from the

         harmful effects of effluent discharges, however, it 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, under the status quo, there would probably be no
         specialized effort by the USCG to enforce the CWA in the Monterey
         Bay area as distinct from other offshore waters.
              Several Bay communities now discharge waste (partially
         treated) directly into ocean waters, portions of which are
         designated as State Areas of special Biological Significance


                                        IV-38










                (ASBS). The City of Watsonville has received for a waiver of
                secondary treatment requirements of the Clean Water Act (Section
                301(h)). The City of Santa Cruz currently discharges sewage which
                has received advance primary treatment. Santa Cruz has entered
                into a consent decree with the California Water Quality Control
                Board stating that it will meet secondary treatment requirements by

                1995.

                    Such ocean outfalls, particularly those discharging partially
                treated matter into Monterey Bay, must be assessed to determine the

                magnitude of their threat to sensitive marine resources. Much of

                this research still needs to be done while an opportunity also
                exists to use already collected data and apply it to the management
                problems.   Existing state and Federal regulatory and management

                arrangements appear to be striving toward alleviating harmful waste

                outfall loads over the long term in the interests of marine.

                environmental protection. To date, implementation obstacles have

                hindered the attainment of regional waste treatment facilities

                sufficient to render ocean dischatges environmentally safe.. For

                example, a number of discrete areas along the coast of the Bay area

                are known to have high levels of specific contamirtants,. Local land

                point-source (eg. municipal and industrial dischargers) and non-

                point source discharges (eg. urban runoff and agricultural
                practices, much of which is upstream within the watersheds draining

                into Monterey Bay) are*believed to be the cause of many of the
                pollutants. Questions remain as to not only the exact nature of
                the source and corresponding appropriate management measures but


                                                IV-39










         also the exact nature of the environmental consequences of the

         discharges and any potential health threats to humans and the

         environment.

             One of the ecological consequences of desalination operations

         is that marine organisms with broad salinity tolerances are

         expected to predominate in the immediate vicinity of the discharge

         plume. In addition, certain trace elements, depending on the pH

         and oceanographic conditions will concentrate in the surface layer

         above the plume and prove to be toxic to plankton, fish eggs and

         larvae. There is also the possibility that concentrations of these

         chemicals could be wind or current driven into the intertidal zone,

         causing problems for other organisms.

              The intake of water from the ocean for desalination plants

         will result in impingement and entrainment of marine species. The

         intake and discharge may also affect marine resources by altering

         shoreline currents and increasing turbidity, causing sedimentation
         and consequent smothering of biota, or lowering light levels with

         consequent impacts to kelp.
              The high salt concentrations of the discharge and its

         fluctuations may kill organisms near the outfall that can not
         tolerate high salinity or fluctuations beyond its range.
         Discharges would be more dense than seawater and could sink to the
         bottom causing adverse impacts to benthic communities.
              Mixing the brine discharge with sewage discharge may cause the
         sewage contaminants to aggregate in particles of different sizes
         that they would otherwise. Smaller particles would interfere with


                                         IV-40









                light penetration and reduce primary productivity and larger

                particles could be attractive to marine organisms and bioaccumulate

                through the food chain.

                     It can also be assumed that increasing population demands on

                the Monterey Bay coast will further degrade water quality in the

                future. The continued decline in wetland and slough habitat, beach

                closures for recreational users, decline in fish catches and the

                closure of shellfishing beds all indicate impacts to resources and

                qualities of the ocean environment indicative of a decline in water

                quality from many different sources. There is no single agency

                that reviews the discharges from an ecosystem or habitat

                perspective.

                                     (2) Discharges  from Non-Point Sources (NPS)

                     Actual field and laboratory analyses done by the State on

                water quality monitoring, reports for the Monterey Bay drainage

                area, "values in mollusk tissues for pesticides and other toxicant

                --- suggest that the continuing release from soil to runoff of

                various insecticides and other aqricultural by-,:products remains a

                potential threat to the aquatic and marine habitats of the Monterey
                Bay area".   (Cal. State Mussel Watch data from 86-87, Water @uality
                Monitoring Report No. 88-3, Division of Water Quality/SWRCB, July

                1988.)
                     It is possible that pollutants also enter the ocean surface of
                Monterey Bay from the air but magnitudes and effects of this source
                are completely unknown. The California Air Resources Board
                monitors ambient air quality as well as EPA and the Department of


                                                 IV-41











         the Interior for Federal OCS activities.

                             (3) Hazardous waste, oil and trash disposal
             There is an unknown amount of pollutants and garbage that
         enter the Monterey Bay area from the ocean. These discharges and
         deposits may have been transported far distances by ocean currents
         or may have come from passing vessels. In addition to reducing
         overall water quality and lessening the aesthetic appeal of the

         area, the discharge of litter may harm marine mammals that
         sometimes ingest or become entangled in such litter (Cava, 1989,
         personal communication). Pinnipeds entangled in plastic packing
         material or discarded fishing lines have occasionally been seen

         near the Farallon Islands and Channel Islands (F. Cava, 1989,

         personal communication). In areas of the northern Pacific ocean as

         many as 8,000 fur seals become entangled in such debris annually

         (Haley, 1978). The incidence of the mortality associated with this

         type of mammal disturbance remains unclear.

              Consistent with the provisions of the Marine Plastic Pollution

         Research and Control Act (MPPRCA) of 1987 that amends the Act to

         Prevent Pollution from Ships which implements Annex V of the

         International Convention for the Prevention of Pollution from Ships

         (MARPOL), this Sanctuary regulation would prohibit the disposal of

         litter and other solid wastes, such as fishing lines and non-

         biodegradable plastic or metal objects and thus protect marine
         animals and seabirds- in -the Sanctuary f rom ingesting these wastes
         while foraging, or becoming entangled in them, possibly leading to
         illness or death. In addition, the international agreement (Annex


                                        IV-42









               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). An opportunity exists   to help attain
               the goals of the APPS through the Sanctuary regulations prohibiting
               discharges and deposits.

                    Discharges from fishing vessels during normal fishing

               operations such as cooling waters from boat engines and fish wastes
               are unlikely to harm the resources of the study area. Discharges

               resulting from military activities in the area, such as smoke

               markers, sonubuoys and ordnance,are slight and do not appear to

               pose a threat to the resources and qualities of the proposed

               Sanctuary. In addition, DOD vessels are directed to be equipped

               with oil-water separators and that the water effluent from these

               devices be limited to 20 parts per million (PPM) oil within 12 nxi

               from land or 100 PPM beyond 12 nmi from land. The oil portion is

               retained on board, for shore disposal.

                                    (4) ocean dumRing

                    ocean dumping, municipal outfalls, and dredged material

               disposal can smother benthic biota and introduce substances into

               the marine environment, which may affect fish, bird, and mammal

               resources. However, the requIations urwder Title I of the MPRSA

               prohibit ocean disposal of dredged material which proves to be

               toxic to the organisms of the disposal site.
                    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



                                               IV-43









         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 the case of Monterey Canyon the continuous natural
         disturbance at the Canyon head (the location of the existing
         disposal sites in the proposed Sanctuary) 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.

                        b. Conseqpence of impact to Uses

             Most regulatory decisions pertaining to dischargers are made

         on a case-by-case basis with the primary intent of facilitating the

         use rather than protecting the environment. Use of the Monterey

         Bay area for discharges is considered as an alternative without any

         special consideration of the area's nationally significant

         resources and qualities. Human uses that cause such discharge are

         not discouraged or caused to decrease. Therefore, from the

         perspective of the Sanctuary certain gaps remain in the regulatory

         framework, For example, EPA approval is needed for ocean dumping
         and for any location of a new ocean outfall. EPA regulations take
         the ecological productivity and sensitivity of an area into


                                        IV-44










               consideration; nevertheless, such regulations do not guarantee that

               EPA will prohibit the disposal of waste in the area based on

               threats to Sanctuary resources and qualities.

                    Desalination activities may not only provide freshwater but

               with associated impacts to marine resources the activities may also

               impact commercial or recreational fishing activities, intertidal

               nature viewing, and public access and recreation. New desalination

               plants could also lead directly to new development projects, and a

               resulting increase in population migration to coastal areas.

               Desalination projects that occur on a case-by-case basis

               development could occur in the proximity of each plant which may

               interfere with regional consideration of cumulative impacts to the

               coast and adjacent ocean environments.



                         2. Sanctuary Alternative (Preferred)

                              a. Consecruence of Impact to Resources

                    The proposed regulations prohibiting discharge or deposit of

               materials or other substances without WOA& approval complements the

               existing regulatory system, vmId enhance the area's overall

               recreational and aesthetic appeal, maintain the present good water

               quality in the Sanctuary, and help protect Sanctuary resources@ By
               maintaining high water quality in the Monterey Bay area and
               regulating discharge activities from an ecosystem-wide perspective
               the impact of this regulation is predicted to protect the resources
               and qualities of the Monterey Bay Sanctuary above that of the

               status quo.


                                               IV-45









              As the Sanctuary will not be terminating any existing uses
         that discharge into the Sanctuary it is only possible to predict
         that the Sanctuary will have a positive impact by restricting and
         potentially prohibiting future uses that threaten the resources and
         qualities of the Sanctuary. For example, it is possi  ble to state
         that the prohibition on oil and gas activities resulted in an
         elimination of an estimated 302,000 barrels of muds and cuttings
         and 225 million barrels of formation waters that would have been
         discharged during the lifetime of potential OCS development off
         central California. Without specific information on magnitudes,
         qualities and frequencies of future disposal activities and an
         estimate of the corresponding threats to the environment no

         accurate analysis can be determined on the exact beneficial

         consequences of this Sanctuary regulation to the resources and uses

         of the Monterey Bay area.

                        b. Consecruence of Imi@act to Uses

              The impact of this regulation is expected to be beneficial to

         the users of the Monterey Bay area. The 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 and will not only protect the areas resources and

         qualities but uses such as aquaculture, research institutions,

         aquariums, fishing and recreation and tourism that depend upon high
         water quality and uncontaminated background seawater supplies.

              Another positive effect of the regulations will be that by


                                         IV-46









               working within the existing regulatory process NOAA can provide and
               coordinate data from existing studies that can be used to make
               better informed management decisions by all agencies including the

               Sanctuary. 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.

                    Finally, users of the.monterey Bay area for :&ischarges and
               deposits will not be prohibited from conducting their activities

               with designation. Discharges 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 or other

               authorizations to achieve the purposes for which the Sanctuary was

               designated.


                                               IV-47









              NOAA will also review applications for non-preexisting permits
         and other authorizations (and applicants must provide timely notice
         of the filing of the applications and any additional information

         NOAA deems necessary) and either approve them, approve them with
         terms and conditions, or disapprove them to ensure Sanctuary

         resources and qualities are protected.

              NOAA intends to consult with scientific institutions and

         local, State and regional organizations such as the Association of

         Monterey Bay Area Governments, as well with the owners, holders of

         or applicants for any authorization or right and the relevant

         permitting authorities of these activities to determine means of

         achieving the Sanctuary purposes. The Association of Monterey Bay

         Area Governments acts as a clearing house in the Monterey Bay area

         for permits or licenses that require multi-agency review and

         comment. An opportunity exists to coordinate the necessary data

         analysis and research and consult within the existing regulatory

         framework to achieve water quality that is consonant with Sanctuary

         designation.

              If additional conditions 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. Procedures to ensure efficient

         administration of NOAA certification and other approval processes
         are laid out in theproposed Sanctuary regulations and the details
         are being refined in cons ultation with other agencies through an
         MOA. @ In general, NOAA intends to work with existing authorities to


                                         IV-48









                formalize the consultative and management role of the Sanctuary and
                increase Federal, State and local cooperative efforts to achieve

                the agencies mutual goals.

                    For example, the requirement of NOAA cer-tification 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. NOAA

                approval of future permits for municipal sewage outfalls is

                necessary in order for such outfalls not to be subject to Sanctuary
                regulatory prohibitions and will ensure protection of Sanctuary

                resources and qualities.

                    Thus, if a city or town were discharging sewage effluents into

                the Bay pursuant to a valid National Pollution Discharge

                Elimination System (NPDES) permit issued prior to the effective

                date of Sanctuary designation, the city or town could continue to

                discharge under the permit without being in violation of the

                discharge prohibition by requesting certification of the permit in

                accordance with the proposed S,anctuary.regulations. The Director

                would then impose on the exercise of the KPDES permit such terms

                and conditions as he or she deems necessary to achieve the purposes

                for which the Sanctuary was designated. Sanctuary management will

                be empowered to take into account when reviewing proposed NPDES
                permits the sensitivity of Sanctuary resources and qualities such
                as finfish and shellfish populations to municipal discharge
                effluents. Such discharges would remain subject to all


                                                IV-49









        prohibitions, restrictions and conditions imposed by any other

        authority of competent jurisdiction.

             The requirement of secondary discharge is only expected to

        have a minimal impact as only the cities of Santa Cruz and

        Watsonville are currently discharging at primary levels. The City

        of Santa Cruz has already been required to up grade to secondary

        treatment by 1992. The City of Watsonville has only just received

        a 301H permit, thus it will have five years to install the

        necessary equipment to upgrade to secondary before its permit will

        need to be renewed.

             In reviewing existing or future permits, licenses, approvals,

        or other authorizations NOAA intends to encourage best available

        management practices to minimize non-point source pollution
        entering the Sanctuary and to require at a minimum secondary

        treatment and tertiary treatment as appropriate or necessary
        depending on the threat to Sanctuary resources and qualities, for
        point source pollution, such as municipal sewage discharge.
             Sanctuary certification of authorized dumping and dredging

        activities will be done in coordination with the Harbor Masters,
        COE, EPA, RWQCB and Regional Water Quality Control Board Waste

        Discharge Requirement (WDR).
             WDRs include prohibitions and discharge limitations including
        limited time intervals for disposal (WDR No. 88-73 and WDR No. 88-
        68). In the case of the moss Landing WDR (No. 88-73) and the Santa
        Cruz WDR (No. 88-68), there are also provisions that if the spoils
        are clean enough it is encouraged that they be used for beneficial


                                        IV-so










               beach nourishment. 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.

                     Use of designated ocean disposal sites, SF-12 and SF-14, under

               existing 404 permits would continue but would have to be modified

               upon Sanctuary designation to take into account the more stringent

               evaluation requirements under section 404 which classifies

               Sanctuary areas as "special aquatic sites" rather that a "waters of

               the U.S." classification as currently used under the MPRSA.

                     NOAA, in cooperation with Moss Landing Harbor District the

               Central Regional Water Quality Control Board and EPA will review

               and monitor these activities and recommend modifications to

               existing permits if there is evidence that such activities injure

               or threaten Sanctuary resources and qualities.

                     NOAA will ensure that Sanctuary research data is applied to

               the certification process and that environmental data is carefully
               analyzed and used in the certification of the permit.
                     ocean disposal of any materials dredged from a site where
               pollution is possible must be preceded by bioassay tests to
               determine the effect on aspects of the marine environment. The
               test results will determine whether any material from Moss Landing
               and S anta Cruz may be legally dumped at any ocean disposal site in
               the area under Title 1. The Sanctuary requirement of certification
               will assure review 'for-possible impacts without imposing %@ndue

               burdens.
                     Any proposed dumping of dredge spoils will be reviewed for the


                                                IV-51









         effects on Sanctuary resources and qualities, e.g., the benthic
         environment and any local populations of algae and kelp. The
         negative impacts of ocean dumping and dredge disposal include
         smothering of benthic 'Organisms, increase in 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.

              The regulation may impose additional costs by requiring the

         use of more expensive dredge disposal methods or dumping sites.

         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 and

         qualities to that afforded by the existing legislation.

              In addition, the COE and EPA are investigating a new ocean

         disposal site off of the Golden Gate and NOAA recomme.nds pursuing

         only those study sites either beyond 12 nmi from the western
         boundaries of the MBNMS and GFNMS Sanctuaries or,within 12 nautical
         miles only if data can show that there are no detectable
         concentrations above norm al ambient values, of any waste within 12

         nautical miles of either national marine sanctuary.



                                         IV-52








                    NOAA will specifically work with EPA regarding the designation
                of new sites under Title I, Section 102 of the MPRSA (near] to the
                sanctuary and specifically the issuance of section 404 permits
                between the two GFNMS and MBNMS Sanctuaries to avoid possible
                negative impacts to either GFNMS or MBNMS. Consultation with EPA
                regarding the designation of any new ocean disposal site (near] to
                the Sanctuary will undertake to determine if there "is identifiable

                progressive movement or accumulation, in detectable concentrations

                above normal ambient values, of any waste within 12 nautical miles

                of any shoreline [or] marine sanctuary designated under Title III

                of the MPRSA,11 (40 CFR 228.10(c)(1)(i)). If the effects of the

                activities at the disposal site are determined to be categorized in

                Impact Category I then the required Impact Analysis, generated by

                EPA, maybe used by EPA and NOAA as a basis for modifying the

                disposal site's use, including withdrawal of its designation.

                    The effects of the discharges from desalination will depend on

                the particular constituents of the discharges and the conditions of

                the ocean area where the discharges will occur. Impacts to marine

                resources need to be studied both in the field and laboratory.

                Particular studies would he focused at the location of the outfall

                including dilution studies, inventory of organisms in the area. and

                pre- and post-operational monitoring.

                     Finally, the Sanctuary would investigate all of the proposed

                desalination activities on a cumulative basis with regards to their

                combined impact on the 'entire Sanctuary ecosystem.





                                                IV-53











              D. Historical Resources

                   1. Status Quo

                        a. Consecruence of Impact to Resources

              Many cultural and historical resources are known to exist in
         the area but few have been specifically examined and protected,
         particularly verification of sites and significance of shipwrecks.
         Generally, the area's potential as a baseline indicator of regional

         environmental conditions of interests to marine scientists and

         archaeologists appears under utilized; such an integral mechanism
         for assessing the adequacy of resources protection efforts is being

         ignored.

              To date, surveys of the study area's submerged lands for

         historic resources have been limited. The Bureau of Land

         Management (BLM), now MMS, for example, conducted a 1979 survey of

         the shipwreck literature in central and northern California as part

         of its EIS for lease Sale #53. This agency is required by law to

         consider potential disturbance and damage mitigation actions for

         significant underwater historic resources if oil and gas activities

         are proposed nearby.

                        b. Consequence of ImRact to Uses

              current activities will continue under the status quo without

         any special protection to historical to sites beyond state waters

         and to the ecological impacts of taking historical resources
         throughout the Sanctuary. There would be no special requirements
         for private sector users  such as treasure salvors and recreational
         divers or public sector agencies such as the Navy, to consider the


                                         IV-54










               historic and ecological consequences of their impact from a

               Sanctuary perspective.

                         2. Sanctuary Alternative (Preferredl


                              a. Consecruence of Impact to Resources

                    This regulation is aimed at protecting historical resources

               (as defined in the program regulations, this term includes

               cultural, archeological and paleontological resources) from damage

               and/or removal. The proposed Sanctuary regulations provide for

               issuance of a NOAA permit to further salvage operations in

               connection with an abandoned shipwreck in the Sanctuary title to

               which is held by the State of California.

                    NOAA will thus be able to ensure that all parties affecting

               historical resource s within the Sanctuary conduct their activities

               in a systematic fashion according-to recognized archeological
               procedures, that the activity is conducted consistent with the NHPA
               and finally that the proposed user consult with the California

               State Historic Preservation Officer.

                    As part of the Sanctuary mariageltent regime NO&A intends to
               research the number and type of historical resources within the

               boundaries of the Sanctuary. This research will further our
               understanding of how to protect these resources so that they are

               available for future generations.
                    Historical resources are defined to mean resources possessing
               historical, cultural., archaeological or paleontological
               significance, including sites, structures, districts, and objects
               significantly associated With or representative of earlier people,


                                               IV-55











         cultures, and human activities and events. Thus any inundated

         prehistoric aboriginal sites and associated artifacts, as well  as

         shipwrecks would be included in the resource protection regime   of

         the proposed Sanctuary.

              NOAA will also seek National Register listing of identified

         resources located in the Sanctuary under the National Historic

         Preservation Act. Listing would make available grant and survey

         funds from the Secretary of the Interior (Heritage Conservation and

         Recreation Service) to be used to identify resource distributions

         and assess their significance. Placement on the National Register

         also ensures careful review of.proposed Federal activities which

         could adversely affect identified resources. However, listing does

         not prevent removal or damage of the resource by non-Federal

         entities.

              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.

                        b. Consequence of ImRact to Uses
              The proposed regulation should not significantly affect
         existing activities within the Sanctuary.. However, new coastal
         de velopment activities such as desalination and discharge outfall
         construction will need to consider the proximity of historic
         resources to their propos ed activity to avoid potential injury to
         these valuable resources. Users such as Navy salvage operations,


                                         IV-56











              recreational divers and treasure salvors will have to receive a

              Sanctuary permit if their proposed activity would violate the

              Sanctuary regulation.

                   NOAA can also impose penalties of up to $50,000/day for

              infractions of this regulation to enforce NOAA's responsibility for

              the proper management of historic artifacts.

                   This prohibition does not apply to accidental moving,

              possession or injury during normal fishing operations.









































                                              IV-57











              E. Alteration of or Construction on the Seabed

                   1. Status Ouo


                        a.- Conseauence of Impact to Resources

              Loss of resources, habitats and degradation of water quality
         will continue with the predicted increase in activities that

         involve alteration and construction of the seabed.

              Sand mining in the area is causing loss of benthic habitat and

         erosion of the seabed (Evaluation of.Request for Renewal of Permits

         for the Monterey Sand Company by Kendell and Bitterman, 1988). A
         sediment budget analysis performed for Monterey Bay indicates a

         budget deficit. This signifies an erosional rather than a

         depositional trend for the Bay (Oradive, 1986). The results of the

         analysis indicate that about 2.1 million cubic yards of sediment

         are deposited annually into the bay while an estimated 2.34 million

         cubic yards of sediment are lost annually. Sediment deposition

         occurs from cliff erosion, river discharges, and longshore drift,

         with over half of the total coming from the river discharges.

         Sediment losses occur from deposition into the submarine canyon,

         sand mining operations, off-shore deposition by rip currents, and

         eolian sediment transport to the dunes.

              Longshore transport along the bay is generally in a southerly

         direction. The discharge of sediment from the San Lorenzo, Pajaro,

         and Salinas Rivers has, through the ages, combined with this

         southerly transport and the prevailing northwesterly breeze to
         build the expansive sand dunes along the bay (McGee, 1986).
         Erosion of the beach has oc curred in the vicinity of this mining


                                         IV-58









               and'some researchers believe it has increased because of the mining
               (Griggs, 1986; McGrath, 1986, 1987). Combellick and Osborne (1977)
               state that mining and weak longshore transports of new sand are the
               principal factors causing erosion. Because most sand transported
               along the northern bay is lost to the submarine canyon, the only
               source of suspended sand in the southern bay is the Salinas River.
               This river source does not appear to be adequate to support sand
               mining without erosion occurring. Porter et al. (1979) concluded
               in 1975 that the quantity of sand supplied to the southern beaches

               from the Salinas Riveris inadequate to consider the mined sand as

               a renewable resource (in Clark and Osborne, 1982). The major

               source of the mined sand thus appears to be the historic and

               current erosion of the nearshore sand dunes. Current State Lands

               Commission leases and Corps of Engineers permits are being

               reviewed. Additionally, an environmental impact statement has been

               required by the Corps of Engineers for renewal of local sand mining

               permits.

                    The limited dredging and disposal activities  at current

               frequencies, magnitudes and quality in the proposed Sanctuary area

               do not appear to pose a significant threat to -the resources of the

               area. Disposal of clean sand dredge material on beaches assists-

               with beach replenishment projects. Disposal at the head of the

               Monterey canyon does not appear to significantly injure benthic
               invertebrate populations due to the resilience of these communities
               to natural seabed disturbances (see analysis for dredge disposal
               consequences of impacts under status quo for discharges and


                                               IV-59










          deposits). However, new disposal at sites other than the head of

          the canyon is likely to cause an increase in turbidity and

          destruction of benthic communities.

                        b. Consequence of Impact to Uses

              Dredging, dredge disposal, and related uses involving

          seabed alteration are not presently extensive in the study area

          (see Part II, Section 2). Ocean disposal of dredge spoil from

          local harbors is an ongoing activity and in certain cases is

          deposited on shores for beach nourishment. Certain activities,

          such as routine harbor and navigation maintenance are also vital

          for the local economy and safety of the users in the proposed

          Sanctuary.

              However, if the pace of activities or demand for uses such as

          sand mining, strip mining and ocean mineral mining accelerate

          substantially in the future there is a potential for severe

          environmental threats to the resources of the Monterey Bay area.

          These activities are known to increase the turbidity of the water

          column, disturb and alter benthic communities on the ocean floor,

          and alter natural erosion and sedimentation rates.

              once again the regulatory regimes responsible for these uses
          may not take into account the ecosystem perspective or sensitivity

          of area resources and qualities.



                    2. Sanctuary  Alternative (Preferredl

                         a. Consequence of Impact to Resources
               over the short and long term, human intrusion upon marine


                                         IV-60









                wildlife, along with potentially adverse impacts on their food
                supplies, e.g., benthic and pelagic fish resources, will be

                minimized by regulating activities that alter the seabed and

                Sanctuary habitats.

                     Dredge and dredge disposal activities are not extensive within

                the preferred alternative's proposed Sanctuary boundaries (see Part

                II, Section 2); nevertheless, unrestricted alteration of,

                construction on, or drilling of the seabed represents a potential

                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. This proposed

                regulation 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.


                               b. Conseggence of Impact to-Uses

                     overall there is expected to be a positive i3apact to the users

                of the Monterey Bay area. No activities are proposed to be
                terminated with designation and only new sand mining and ocean
                dredge disposal will be prohibited with Sanctuary designation.-
                However, there are no new proposed designations for disposal sites,
                and dredge disposal within the proposed Sanctuary area. Sand
                mining can continue-until expiration of current permits. After
                expiration of existing permits sand mining activities will still be
                allowed pursuant to other state and federal regulations in areas


                                                IV-61









         above mean high tide. Thus no severe economic impacts upon
         commercial firms are expected.

              Harbors are excluded from the boundaries of the Sanctuary and
         these special areas and uses would continue to be managed by the
         status quo and not be impacted by the Sanctuary. Beyond the harbor
         exclusion zones, dredging at current rates and magnitudes would be
         allowed for navigational projects, such as dredging of navigation
         channels and installation of navigation aids. The regulation of

         projects for docks and piers in the nearshore area will remain the

         responsibility of the existing regulatory authorities.

              The regulation prohibits persons from placing objects on the

         seabed, such as but not limited to artificial reefs, new

         mariculture operations, pipelines and outfalls unless relevant

         permits are reviewed and approved by NOAA.   The prohibition also

         includes placement or abandonment of any structure or material on

         the seabed, which includes vessels that run aground and thereby

         helps ensure that the owners and operators are responsible for

         their removal.

              Existing holders of authorizations have an obligation to seek

         certification from NOAA of their authorizations. Existing

         activities, such as dumping of dredge spoils or other waste would

         be monitored by NOAA and NOAA may require conditions on their
         existing permits if it determines that these activities injure a

         Sanctuary resource or-quality.
              The activities exempted from this regulation wi 11 be monitored
         by the Sanctuary manager, based on information supplied by the EPA,


                                         IV-62










              COE, the State Lands Commission 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.




















































                                              IV-63











             F. Taking Marine Mammals, Turtles and Seabirds

                   1. Status Ouo


                        a. Consequence of Impact to Resources

             The abundant and diverse marine mammals and seabirds that

         exist in the Monterey Bay area currently use their habitats in

         close proximity to a number of human activities. So far there is

         no specific evidence that marine mammals, turtles or seabirds are

         threatened by any one activity. However, a number of conflicts

         potentially exist between'human and marine mammal and seabird uses

         of the Monterey Bay area. Specifically, sportdivers compete with

         Sea Otters for abalone and commercial'fishery nets.may threaten

         diving seabirds and submerged marine mammals.

              The current regulatory regime under the U.S. Departments of

         the Interior and Commerce gives each Department the authority to

         designate and protect oceanic habitats if found to 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

         hunting of seabirds. The term "taking" has been interpreted
         broadly by the administering agencies, so that the ESA and MMPA
         provide considerable protection. Howeverl 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
         prevent such degradation of habitats.   Section 7(a) of the ESA


                                         IV-64









               does provide protection against actions which jeopardize endangered
               species or their critical habitats, but this section applies only

               to activities authorized, 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. Thus, the MMPA and the ESA both provide

               some protection to the marine mammals and seabirds of the Sanctuary

               by prohibiting the taking of specific species protected under those

               acts. However, these acts only provide protection to these species

               on a case-by-case basis without consideration of their role in the

             .ecosystem or from the special purview of the Sanctuary management

               regime.

                   A portion of the habitat area used by marine mammals and

               seabirds foraging at Monterey Bay is already protected under the

               National Marine Sanctuary Program. The nearby GFNKS provides

               protection for marine habitats used by mammals and seabirds, but
               Monterey Bay, which is an important feeding ground for many of the

               same mammals and seabirds and which also supports a unique

               combination of benthic organisms, is not similarly protected under

               the present regime.
                    With the exception of the Title III of the marine.Protection,
               Research and Sanctuaries Act (MPRSA), no Federal authority
               currently exists to identify and protect localized marine habitats
               of exceptional importance to non-endangered species. Howeverf
               Title III of the MPRSA has never been implemented in the Monterey
               Bay area. Also, while the Marine Mammal Protection Act (MMPA) and


                                              IV-65










         the Migratory Bird Treaty Act proscribe the hunting and taking of
         marine mammals and seabirds, they do not protect their habitats

         from potentially adverse uses. Such program deficiencies have left

         certain valuable marine habitats largely unprotected. If current

         uses intensify and seriously threaten resources, the lack of

         suitable management authority to intervene could allow undesirable

         environmental impacts to the seabirds, marine mammals and turtles

         of the area.


                        b. Consecruence of Impact to Uses

              Currently the status quo strictly enforces the taking of

        .marine mammals and seabirds under relevant legislation. Fishing

         activities that potentially take marine mammals and seabirds are

         required to have observers on board to monitor the extent of the

         mortality. Researchers studying marine mammals are required under

         the MMPA to obtain a permit for their activities.



                   2. Sanctuary Alternative (Preferred)

                        a. Conseauence of ImRact to Resources

              The proposed regulation would overlap the MMPA, MBTA and ESA

         but also extend it consistent with the intent of the MPRSA to

         protect the Sanctuary resources on an environmentally holistic
         basis. The proposed regulation would provide this protection
         effectively including all marine mammals and turtles in the

         Sanctuary and seabirds in or above the Sanctuary.

                         b. Conseguence of Impact to Uses
               NoAA enforcement officials would be able to consider taking


                                         IV-66










               cases in the Sanctuary along the same lines that they now consi der

               them under the Marine Mammal Protection Act (MMPA), the Endangered

               Species Act (ESA) and the Migratory Bird Treaty Act (MBTA).

                    The regulation would not preclude a number of current

               activities from continuing. For example, scientific research on

               marine mammals and seabirds as research on Sanctuary resources is

               encouraged as part of the Sanctuary mandate. To facilitate this

               research the proposed regulations allow the issuance of Sanctuary

               permits for research. If the research is on Federal or State

               designated endangered species the researchers are already required

               to obtain permits from the relevant management agency. These

               permits will also need Sanctuary approval to.ensure the goals of

               the Sanctuary are met.

                    As another example, NOAA will work with existing fisheries

               management agencies as well as National and local fishery

               organization (e.g., the PCFFA) to ensure that the incidental taking

               of seabirds and marine mammals in commercial fishing nets is

               minimized and that the existing permits that govern this incidental

               take fulfill the purposes for which the Sanctuary is designated.
                    Finally, rehabilitation of injured, and studies an dead

               seab irds and marine mammals, would be permitted under these

               Sanctuary regulations if necessary in response to an emergency
               threatening life, property, or the environment or pursuant to a

               Sanctuary research permit.







                                               IV-67













              G. overflights


                   1. Status Ouo


                        a. Consecruence of Impact to Resources

              There have been reports of low-flying aircraft (below 10001
         AGL) in areas of Monterey Bay which have startled bird populations
         and caused stampedes of marine mammals. There are a number of

         small, private airfields in the Monterey Bay area and often small
         planes can be observed flying along the coastline. Low helicopter
         overflights have also bee'n known to cause the drowning of sea otter

         pups as parents desert the young when disturbed by the noise and

         downdraft of the helicopter's roter blades. Low aircraft

         overflights (below 1000 feet) have been observed regularly to

         disturb bird and mammal communities in the neighboring Gulf of the

         Farallones National Marine Sanctuary.

              The California Department of Fish and Game regulations that

         presently prohibit overflights less than 1000 ft above the Aho

         Nuevo Reserve, Point Lobos Reserve and the California Sea Otter

         Game Refuge appear to provide adequate protection to the resources

         of these particular areas from visual and acoustical disturbances

         from aircraft but are limited in their offshore extent.   In

         addi tion, although the Federal Aviation Administration charts and

         NOWS San Francisco Sectional Aeronautical Chart indicates on the

         chart a Notice to Pilots that prohibits flights below 1000 ft (305

         m) Above Ground Level (AGL) over the Aho Nuevo and Point Lobos

         state Reserves and the California Sea otter Game Refuge other

         sensitive areas to the north of the Refuge at Carmel Bay are not


                                         IV-68












               protected.

                    Persistent low altitude overflights can severely disrupt
               various marine mammal and seabird behavior patterns, particularly
               those of breeding and nesting.

                             b. Conseguence of Imnact to Uses

                    Currently only a few commercial charter airplanes are

               providing opportunities to view marine mammals and seabirds from
               the air but these uses can be expected to increase. A seaplane
               operation based out of Santa Cruz provides a service for visitors

               who wish to observe Monterey Bay from the air.

                    Small private planes often fly low along the coast to view the

               coastal environment and this use can also be expected to increase

               with the growing population in the area.

                    Any potential OCS leasing would involve an increase in air

               traffic from helicopter overflights servicing offshore platforms

               from coastal support facilities..



                         2. Sanctuary Alternative (Preferred)-

                              a. Consecuence of Impact to Resources

                    This prohibition is intended to protect marine birds and

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

               For example, seabirds congregated near the shoreline., pinniped

               haul-out areas, and sea otters among the kelp beds are all

               primarily concentratdd'within these three zones.
                    in particular, adjacent water areas where marine animals
               forage would receive additional protection from potentially


                                              IV-69










         disruptive overflights. The 1000 ft (305 m) minimum height

         parallels the National Marine Fisheries Services's selective

         prohibition of overflights under 1000 ft (305 m) in areas where

         marine wildlife harassment is likely.

             This regulation will contribute to the protection of natural

         undisturbed behavior patterns of marine mammals and birds

         concentrating and breeding along island and mainland shorelines.

             Marine mammals and birds are highly susceptible to disturbance

         from low-flying aircraft. Sanctuary management experience with

         similar regulations in the Channel Islands and Gulf of the

         Farallones National Marine Sanctuaries has revealed that one can

         enforce such regulations from the ground by observing the

         Identification Numbers on aircraft flying below 10001 and then

         reporting the incident to the appropriate airfield.   NOAA will

         monitor the current status and future trends of overflights to

         determine if the regulation of overflights should be expanded to

         protect additional areas.

                        b. Consecruence of Impact to Uses

              Private recreational overflights outside the restricted area,

         which occur regularly but almost entirely along the mainland coast
         anyway, e.g., for whale migration watching, would not be affected
         if beyond three miles of mean high water. over the prohibited
         zones private planes will still be able to enjoy general scenic and
         whale observation opportunities, albeit from altitudes of 1000 feet

         (305 m) or above.
              NOAA has received no reports of low-level military overflights


                                        IV-70









                over sensitive areas. NOAA has consulted with the Department of

                the Navy and determined that current Navy flight operations appear

                to be executed at a safe distance from mammals and seabirds. If

                low-level overflights were to occur after Sanctuary designation,

                NOAA will identify and consult with the responsible Department as

                provided for in Article 5 of the draft Designation Document.

                     Uses of the area's air space necessary for National Defense or

                to respond to an emergency threatening life, property, or the

                environment, such as Coast Guard search and rescue operations and

                enforcement operations, would be exempted.

                     Because no commercial airlines fly regular routes over the

               .prohibited zones at these low altitudes, this regulation should

                pose no burden on commercial carriers.

                     Helicopters servicing offshore oil and gas platforms vould be
                required to fly, over 10001 if passing over the prohibition zones.
                However, as oil and gas development is pro.hibited within the
                Sanctuary the consequences of this regulation to this type of

                overflight is expected to be minimal.

                     Aircraft that need to fly below 1000 feet within these zones
                for research purposes would require a Sanctuary research permit.
                which would be processed expeditiously to ensure that while
                Sanctuary resources and qualities are protected there would only be

                a minimal administrative burden on the applicant.









                                                IV-71











             H. Or)eration of "Personal Water Craftif

                  1. Status Ouo'


                        a. Consecruence of Impact to Resources
             The high density of inshore flora and fauna and vulnerability
        of these resources to personal water craft warrants protection from
        this activity. Personal water craft are capable of travelling at
        speeds which allow insufficient time for some marine species to
        avoid the vessels. For example, in August, 1990, a jet skier

        reportedly ran over sea otters near the Coast Guard Pier in

        Monterey Harbor. officials found at least one injured otter
        immediately afterwards. The likelihood is great for such events to

        occur again in the future. These risks may also apply to harbor

        seals, sea lions, sea turtles, some fish species an marine birds.

                        b. Consequence of Impact to Uses

             Personal water craft are a relatively new'form. of water sport

        and in the Monterey Bay area are currently only operated in small

        numbers and usually only during the summer.     However, the

        abundance and rapid growth of other uses r.-If the area, including

        recreational water-sports, warrants a long-term perspective on the

        management of uses of the proposed Sanctuary. In addition, there

        is growing awareness of conflicts with other user groups of the

        area that has recently resulted in the promulgation of specific

        regulations intended to minimize these conflicts.
             The State of Haw aii has already proposed regulations that
        would permit operation of personal water craft only in specified
        areas, in part to avoid injury to neighboring marine mammals. If


                                         IV-72








              the use of personal water craft were to increase, and/or other uses
              or resources of the sanctuary were threatened by personal water
              craft, then the Sanctuary manager will investigate the issue in
              coordination with the affected parties and propose possible

              management and/or regulatory measures.



                        2. Sanctuag:y Alternative (Preferred)

                             a. Consecruence of-ImRact to Resources
                   This regulation is intended to reduce negative impacts of this
              activity on coastal populations of marine mammals and seabirds that
              are especially vulnerable to disturbance and injury from this
              activity. Zoning of this activity away from the-kelp beds and
              estuaries of the area will prevent conflicts with sea otters and

              fragile estuarine communities.

                             b. Consecruence of Impact to Uses

                   overall the impact of this regulation should be beneficial to

              users of the area. Many conflicts that currently  .arise from

              interf erence between personal water craft operators and other

              recreationists will be avoided by moving the personal water craft

              beyond the areas of other recreational activities. Personal water

              craft operators will still be able to participate in this activity

              within areas close to areas traditionally used and near to coastal

              access points.









                                              IV-73












              I. Vessel Traffic

                   1. Status Ouo (Preferred)

                        a. Consecruence of Impact to Resources
              Most intentional discharges of oil from vessels (and some
         releases of air pollutants) generated during loading and off-
         loading are explicitly regulated by existing regulations. Other
         potential threats due to vessels, such as noise and visual
         disturbances, propeller hits, grounding, and accidental oil spills,
         are not (and in certain instances cannot be) controlled or

         prevented.

              Disturbance from vessels could result in flight or other
         changes in behavior. Repeated disturbances may cause mammals to
         temporarily or permanently abandon an area. Trash disposal can
         cause injury to marine resources from ingestion and entanglement.

         Recent implementation of Annex V of MARPOL by the United States

         makes it illegal for any vessel to dump plastic trash anywhere in

         the. ocean or navigable waters of the United States and illegal to

         dump other types of garbage in the ocean depending on the type of

         garbage and the distance from shore (see Appendix C for details of

         these restrictions).

              However, the threat to coastal and marine resources and

         qualities from vessel traffic appears to be most severe from large

         oil tanker and barge spills. The recent disaster of the Exxon

         Valdez grounding off'VAldez, Alaska, highlights the severe

         environmental and socioeconomic damage that results from oil spills

         in the marine environment. Recently there were three such tanker


                                         IV-74









               oil spills on the East Coast: one each in Rhode Island and Texas on
               June 23, 1989; and one on the Delaware River near the Port of
               Philadelphia on June 24, 1989. The largest of these resulted when
               the Uruguayan oil tanker President Rivera ran aground near
               Philadelphia, releasing 298,000 gallons of oil into the Delaware
               River. At Narragansett Bay, the Greek-registered World Prodigy
               grounded on Brenton Reef near Newport, dumping 300,000 gallons of
               oil. In Texas, the tan  ker Rachel B. collided with a barge
               resulting in 252,000 gallons of oil spilling into the Houston Ship

               Channel.

                    According to the U.S. Coast* Guard, Marine Pollution Retrieval

               System (July, 1989), since 1973 there have been an average of just
               under 10,000 oil pollution reports per year. Since 1980 there have

               been 588 incidents of 10,000 bbl or greater (43 tankers, 109

               barges, 58 miscellaneous vessels and 378 non-vessel incidents). In

               the year 1988 alone there were 5.5 million gallons of oil spilled,

               of which 60% was attributable to vessels.

                    Four spills have recently occurred off the West Coast: the

               tanker Puerto Rican near San Francisco im 1,9844 thP-    barge

               Nestucca off the coast of Washington in 1988, the Exxon Valdez near

               Valdez, Alaska in March, 1989, and the American Trader in 1990.

               The Exxon Valdez disaster has received much publicity and

               scientific investigations are currently underway on the long-term

               effects of the spill, and possible future management measures (CMC,

               1989).

                    The example closest to Monterey Bay was the Puerto Rican


                                               IV-75










         spill. This tanker was disabled about eight miles seaward of the
         Golden Gate by on-board explosions. The vessel eventually broke
         apart and discharged refined oil products within the boundary of

         the Gulf of the Farallones National Marine Sanctuary (GFUMS). The

         progress of this incident demonstrates the seriousness of the

         potential hazard to Monterey Bay.

             The Puerto Rican was disabled shortly before the predicted on-

         set of the Davidson current, which reverses the direction of

         California coastal currents from a southerly to northerly flow (See

         Part II, _;'ection II). The wind and current direction in the San

        .Francisco Bight, however, was still to the south and initial

         trajectory estimates indicated that spills occurring in the area

         would move southward. It was therefore decided to tow the burning

         vessel out to sea, south of the Farallon Islands. The ship broke

         apart southwest of the Farallon Islands and the resulting spill did

         move southward initially. Unexpectedly, wind and current direction

         changed and the spill moved rapidly north through the Gulf of the

         Farallones Nationa. Marine Sanctuary and up to Bodega Bay and

         beyond.

              Some 48,000 barrels of hydrocarbons were released into the

         ocean from the Puerto Rican. of this amount, only 1,460 barrels

         were recovered during cleanup operations (USCG, 1985). This spill
         killed an estimated 2,874 seabirds, and did an unquantified amount
         of damage to water quality, fishery resources, marine mammals, and
         human uses. By comparison, in February, 1986, the tanker barge
         Apex Houston spilled some 600 barrels of oil along the central


                                         IV-76






 AD            California coast killing an estimated 9,817 seabirds within the
               Gulf of the Farallones National Marine Sanctuary.

                              b. Conseauence of Impact to Uses

                    Given the expected increases in vessel traffic, and the

               potential for vessel accidents and oil spills and the risks of

               vessels entering nearshore waters and disturbing marine bird and

               mammal populations, threats to Sanctuary resources and qualities

               seems likely to increase.

                    Although it is impossible to eliminate all probability of such

               accidents the U.S. Coast Guard is working on proposals to reduce

               vessel accidents off the shore of.California by creating Vessel

               Traffic Separation Schemes (TSS), an internationally recognized

               routing measure that separates vessels into opposing streams of

               traffic through the establishment of traffic lanes; and Shipping

               Safety Fairways (SSF) , where no fixed structures are permitted.
               Such schemes have to be approved by the International Maritime
               organization before they take effect. Once in place adherence   to

               the traffic lanes by vessels is entirely voluntary.

                    The U.S. Coast Guard was examining extending the existing San

               Francisco TSS an additional 28 nmi to the south-southeast along the

               coast to a point approximately due vest of Santa Cruz. Two
               parallel one-mile wide SSF were proposed from the termination of
               the extended TSS to the Santa Barbara Channel TSS at Point
               Arguello. With the -exception of the waters off Point Conception,
               the proposed routing syst em followed current traffic patterns along
               the coast. Pillar Point was the nearest area of the coast to the


                                                IV-77









         amended shipping lanes (about 5 nmi).    Point Sur was approximately

         8 nmi away, while Aho Nuevo was 10 nmi distant.

              This proposal is now on hold and alternatives to the TSS

         described above are being considered that would provide additional

         safeguards from the possibilities of collisions and of oil spills

         reaching the shore of the Monterey Bay area.

              The USCG voluntary vessel traffic lanes out of San Francisco

         currently receive a very high level of compliance. Under the

         existing regulatory system commercial vessels, including tankers

         and other bulk carriers may transit anywhere in the proposed

         Sanctuary, even near the very sensitive nearshore areas, where they

         could cause visual disturbances and create increased danger of

         pollution, both from operational discharges and from accidental

         groundings. Generally, based on good seamanship, large vessels are

         kept at a considerable distance from the shore.

              Local vessel traffic will probably increase considerably with

         the development of the tracts to be leased in the Central

         California OCS due to servicing requirements and transportation of

         produced oil. Many of those vessels may be capable of navigating
         quite near to Aho Nuevo and other offshore areas.      Environmental
         cons equences and risks of local tanker traffic associated with-
         central California OCS oil and gas development offshore central
         California is considered separately under the section on oil, gas

         and mineral activities-.
              Generally speaking, few large vessels transiting the study
         area's customary lanes and adjacent ocean waters have occasion to


                                          IV-78










                enter Monterey Bay. The only exception is oil tankers, originating

                primarily at San Francisco Bay refineries, which utilize- the Bay

                for nearshore oft-loading at the Pacific Gas and Electric (PG&E)

                power plant. This traffic represents a continuing environmental

                concern, especially in regard to certain Monterey Bay marine mammal

                and seabird communities, should oil spills occur either in

                nearshore transit (due to grounding or collisions) or while off-

                loading. Vessels presently follow routine and safe entry and exit

                procedures into and out of the Bay and unload one at a time. The

                USCG I s Monterey station keeps a close watch on these operations

                with regard to marine environmental protection. No major spills

                have ever occurred in the Bay although minor accidental discharges

                have been documented. A proposed expansion of Moss Landing's

                offshore terminal by PG&E has been withdrawn. Consequently, oil
                product delivery pattern--at least in term of tanker vessel size---

                will remain the same, i.e., 50,000 DWT maximum.

                          .2. Sanctupa@ Alternative

                               a. Consecuence of ImRact to Resources

                     Instead of promulgating a regulation that may not adequately
                protect Sanctuary resources and qualities NOAA prefers to
                immediately work with the U.S. Coast Guard to determine an
                effective action that will provide the greatest possibility ot
                preventing injury to Sanctuary resources and qualities.
                     In the meantime, Sanctuary resources and qualities will
                continue to be at risk from this no action alternative with the
                potential consequences already described above under the Status


                                                IV-79













        QUO.

                       b. Conseauence of Impact to Uses

             Without detailed consultation with the U.S. Coast Guard it is

        difficult to calculate the impact to U.S. vessels affected by a

        Sanctuary regulation. Immediate NOAA action would effectively only

        apply to U.S. Flag vessels and would not affect foreign vessels as

        the action would not have gone through the IMO.

             However, immediate action, of any kind, would alleviate some

        of the public concern that the Sanctuary is vulnerable to vessel

        traffic impacts to natural resources. Potentially, such NOA.A

        action would also have a positive impact to other recreational and

        fishing user groups.


































                                        IV-80











                    J. Fishing

                         1. Status Ouo (Preferred)

                              a. Consecruence of Impact to Resources

                    What little data exist show that there is minimal impact to

               the benthic resources on the ocean floor from roller trawling and

               that both trawlers and gill-netters are now prohibited from fishing

               in nearshore areas with high concentrations of marine mammals and

               seabirds, thus helping-minimize any incidental taking of these

               species.

                              b. Consequence of Impact to Uses

                    Fisheries in general have benefitted from Sanctuary status at

               other Sanctuaries in the National Program due to the protection

               provided to the industry and fish stocks from the negative impacts

               of ocean dumping, offshore oil and gas development, seabed mining
               and water pollution. Fishing activities are also predicted to

               benefit from designation of the Monterey Bay Sanctuary.

                    Fishing in the Sanctuary is regulated other than under the
               MPRSA by Federal and State authorities. Designation of the
               Sanctuary shall have no effect on any regulation, permit, or

               license issued thereunder, e.g., regulations prcmulqated under the

               California Fish and Game Code and regulations implementing Fishery

               Management Plans promulgated under the Magnuson Fishery Conserva-

               tion and Management Act, 16 U.S.C. ï¿½ï¿½ 1801 1t-- 29-9.
                    NOAA did evaluate* the possibility of proposing some additional
               Sanctuary regulation of fishing. However, the existing management
               authorities, the California Department  of Fish and Game, NMFS and


                                                IV-81










         the PFMC, have comprehensive management authority over these

         resources. Moreover, the long-term interest of these agencies

         parallel those of the Sanctuary -- ensuring healthy stocks and

         their habitats -- and, by relying on the existing arrangements,

         NOAA will avoid duplication of regulations and programs.

             Thus, the close coordination and consultation which has

         already been initiated between the PFMC, CDF&G and NOAA indicates

         that Sanctuary concerns, if any, will be fully communicated to the

         authorities dealing with these on-going management issues.

             Notwithstanding the above, the absence of fishing activities

         from the scope of regulation does not absolve fishermen from

         obeying not only existing State and Federal regulations but also

         Sanctuary regulations, which are designed to protect Sanctuary

         resources and qualities.

             Finally, as part of the Sanctuary research and management
         regime, NOAA will consider supporting periodic monitqring of the
         effects of trawling and gillnetting on the Sanctuary resources and
         qualities. NOAA will also consider the possibility of making funds
         available for technical assistance for studying the area's marine
         finfish, shellfish, and algae resources and for strengthening the
         present enforcement capabilities of the CDF&G and other enforcement

         entities including the NMFS and the USCG.
                   2. Sanctuary Alternative'

                        a. Conse auence of Impact to Resources
              Sanctuary regulations at the time of designation would be
         intended to protect identified resources at risk from the threat of


                                         IV-82









               fishing.activities. As such regulations would require extensive
               consultation with affected parties and agencies, no major threat

               has yet been identified, and recent state legislation appears to

               address many of the potential threats such as from gill nets and

               roller trawling, there does not appear to be any major benefit to

               the environment with promulgation of regulations affecting fishing

               activities with designation.

                              b. Consegmence of Impact to Uses

                    Sanctuary regulations would add another set of restrictions an

               the currently heavily regulated fishing industry. Many boats have

               already been required to move further offshore from.ecologically

               sensitive areas and additional area closures would add to this

               burden. Potential user groups that would benefit from fishing

               regulations would involve recreationists and nature watchers if the

               regulations result in more abundant and healthy fish, seabird and

               marine mammal populations.

























                                               IV-83











         III. Section: Manaaement Alternative Conseguences

             A.   Consecruences of Status Ouo

             Presently, numerous Federal, State, and various other regional

         and local government agencies are vested with some regulatory
         authority over specific resources and human activities. However,

         no single entity has management jurisdiction to govern marine

         resource use and conservation comprehensively, i.e., for the entire,

         Monterey Bay region. Generally, each has a narrow geographic or

         functional jurisdiction. Present arrangements, therefore, fail to

         integrate a breath of scope sufficient for sustained regional

         resource protection in the offshore environment. Although the

         importance of individual resources, e.g., endangered species, is on

         occasion well acknowledged in law and regulatory implementation is

         often fairly effective, the system under-emphasizes the national

         significance and preservation priorities warranted by this unique

         marine environment. Finally, the formal designation of a Monterey

         Bay National Marine Sanctuary, requires providing a concerted

         management focus on coordination of existing regulatory

         arrangements to ensure long-term protection of the exceptional

         diversity of marine resources in the region.

                   1. Enforcement

              A reliable and effective enforcement capability is also

         necessary to ensure that regulations are observed. The CDFG has
         approximately 8 skiffs', two 65.ft. patrol boats (in Monterey and
         San Francisco), one 30 ft. patrol boat in San Francisco. CDFG
         staffs a 30 ft. vessel owned by NOAA for patrolling the Gulf of the


                                         IV-84









               Farallones National Marine Sanctuary. No boats patrol all ocean

               waters f rom Bodega Bay to Monterey. The 65 ft. vessel in Monterey
               occasionally patrols the area south of Monterey. (Capt. Phil

               Helms, CDF&G, Personal Communication; 1989). The two larger patrol

               boats in the 65 ft. (20 m) class traverse the proposed Sanctuary

               area out of San Francisco, and Moss Landing from Bodega Bay to

               Morro Bay. Finally CDF&G has two 100 ft. patrol boats: one

               originates from the south in Long Beach and patrolling Santa

               Barbara and Ventura counties, but does not conduct surveillance

               runs on any regular basis into the proposed Sanctuary's

               .southernmost segment. The- other 100 ft. boat, based to the north

               in Eureka, occasionally heads south through the proposed Sanctuary.

                    CDFG wardens sometimes patrol the Mo Nuevo Reserve mainland,

               the Point Lobos Ecological Reserve, and California Sea Otter Game

               Refuge by foot or vehicle; however, no wardens; are permanently

               located at any of these areas. Moreover, patrols by boat or on
               land are responsible for enforcing not only specific regulations
               applicable to individual reserves and refuges, but also the entire

               California Fish and Game Code. Thus, arrangements appear somewhat

               strained regarding enforcement and monitoring.

                    Certain enforcement functions in the proposed Monterey Bay

               Sanctuary area are also carried out by the California Department of
               -Parks and Recreation (CDP&R). For example, although the Aho Nuevo

               State Reserve and the Point Lobos Ecological Reserve were
               originally designated und er CDF&G authority, CDP&R assumed on-site
               management responsibility. Pursuant to this mandate, CDP&R staff


                                               IV-85










         are permanently located at both areas and conduct regular land-
         based patrols. They do not, however, have general authority to
         prohibit diving, fishing, collecting, or other human activities

         which may adversely affect, e.g., through intrusion, sensitive

         marine resources. Also, the CDP&R is entirely dependent on the

         CDF&G for the prosecution of violations occurring beyond the

         intertidal zone. As a result, actual CDP&R enforcement levels in

         the study area tend to reflect CDF&G capabilities. The CDF&G

         occasionally conducts patrols of Afto Nuevo and Point Lobos

         Reserves, but, due to personnel shortages, the CDP&R has assumed

        .primary management responsibility herd as well.

             The NMFS recently entered into a cooperative agreement with

         the State CDF&G whereby both parties agreed to enforce each other's

         regulations   However, due to practical constraints of budget and

         staffing NMFS enforcement activity has remained largely confined to

         its own statutory responsibilities.

              In view of available State and Federal enforcement staff and

         the large marine area of approximately 2,200 square nmi (6860

         square Km) to be covered, the current enforcement capability

         appears inadequate.

                   2. Research and Education

              The existing management system contains no mechanism for

         maximizing the area's research value, e.g., by means of a
         comprehensive or extended program framework. A variety of
         organizations conduct significant research in the ocean waters of
         the Monterey Bay area on an individual basis. The establishment of


                                         IV-86










                a Monterey Bay Marine Geological Consortium has been proposed. The

                consortium, consisting of the Institute of Marine Sciences-

                University of California at Santa Cruz, the Moss Landing Marine

                Laboratories, and the Monterey Bay Aquarium Research Institute,

                would improve marine geological and geophysical studies of the

                Monterey Bay and offshore regions. To date, however, no

                coordinating entity exists to identify regional research

                information needs or to design strategies for filling them. Thus,

                scientific research is pursued in a rather fragmented fashion which

                often fails to incorporate other relevant environmental quality

                parameters.

                    Although literature and other educational information on

                Monterey Bay and its habitat values is available to the general

                public, these efforts are largely uncoordinated and the collected
                research is rarely applied to management problems. Tourists,

                recreational fishermen and, nature enthus-Lasts who visit the Bay

                thus have little or no knowledge of its geology or of the complex

                communities of biota that inhabit the canyon and surrounding

                waters. Nor do they realize the value of Bay waters to the mammals

                and birds that feed there or pass through in transit.



                     B. Consequences of Sanctuary Alternative 1.

                     This alternative is cost effective as it slowly phases in the
                necessary management structure in parallel to the growing presence
                of the Sanctuary and the demands of its users. However, the
                Sanctuary would initially have low visibility and reduce the


                                               IV-87









         effectiveness of the resource protection regime due to the limited
         staff. In addition, due to the long coastline boundary of the
         Sanctuary and the variety of shoreline habitats and user groups,
         one centralized information center may not provide optimal
         representation or access to widely separated visitor groups.

                   1. Enforcement

              Gradually NOAA, would provide an enhanced enforcement regime
         by providing additional boats, personnel and equipment for on the
         water and surveillance and enforcement. See the Management Plan
         for possible additional enforcement measures provided by the

         Sanctuary.

                   2., Research and Education

              Research and education programs should benefit from Sanctuary
         designation with the implementation of NOAA programs and assistance

         with coordination. See the Management Plan for possible areas

         where the Sanctuary could positively impact existing programs.



              C. Consecruences of Sanctuary Alternative 2 (Preferred)

              The preferred alternative would ensure that the Sanctuary

         program is implemented rapidly and cultivates the public support

         gained during the early, designation process. The wide variety of

         opportunities for interpretation as well as research requires the

         full-time attention of individual research and education

         coordinators. The Sanctuary manager will then be able to devote
         him/herself to the coordination of existing management authorities

         and resource protection. In the long run this alternative will not


                                        IV-88










               increase the budget of the Sanctuary as all of these personnel will

               be required for effective management in the future.

                         I. Enforcement

                    The impact of enhanced surveillance and enforcement efforts

               focused on Sanctuary resources should be beneficial. What is

               proposed is a coordinated emphasis on resource protection in

               Monterey Bay rather than an elaborate surveillance and enforcement

               presence.

                    NOAA, at present, envisions a State-Federal cooperative

               enforcement system involving the California Departments ofFish and

               Game and, Parks and Recreation, the U.S. Coast Guard, the U.S. Fish

               and Wildlife Service, the National Marine Fisheries Service, and

               the National Park Service. Since the proposed Sanctuary would

               include both State and Federal waters close coordination between

               State and Federal authorities would be required.

                         2. Rgsearch and Education

                    The impacts resulting from implementation of the research and

               education program are also expected to be positive. The research

               program will result in a coordinated mechanism for studying
               Monterey Bay area's resources and developing effective management
               strategies. The educational program is designed to enhance public
               awareness of the Bay area resources and the importance of

               protecting such special marine areas.
                    The research program would provide a coordinated effort to
               obtain vital baseline and monitoring data on the resources and on
               human activities in Monterey Bay area. Information on water


                                              IV-89










         quality and circulation, species density and diversity, fisheries

         resources and marine mammals and seabirds would be used 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 educational program would improve public awareness of the
         importance and fragility of Monterey Bay's resources and thus

         engender support for resource protection efforts. The program

         would provide audiovisual material, exhibits, and other information

         products for individuals, schools and interested groups.

             A major responsibility of the Sanctuary manager is the

         development and enhancement of education and research efforts. As

         presently envisioned, the Sanctuary Information Center might also

         serve as the administrative headquarters for the Sanctuary.

              The Sanctuary Information Center would be the focus for
         research and education activity. The Center would collect

         literature and information on resources and activities in the

         Sanctuary, and also provide visitor orientation and education

         materials, such as slides, brochures, and apprise visitors both of

         regulations and the need for protecting the marine resources.

         Effort's to develop the Sanctuary Information Center will be

         coordinated with existing agencies, particularly the State of

         California Departments of Parks and Recreation and Fish and Game;
         private institutions, such as the Monterey Bay Aquarium, and other
         Federal agencies such as the National Park Service, and Fish and


                                         IV-90











                wildlife Service.

                    The general information collection would include both
                technical and non-technical reference material, and would provide
                as complete and detailed a description of Sanctuary conditions and

                use over time as possible.

                    To further this end, the Sanctuary manager would ask
                researchers to notify the Sanctuary Information Center of any
                research projects in the sanctuary and to submit reports of their

                research. This notification process would result in a master

                listing of research projects conducted from the time of
                designation. This listing would be continually updated and kept

                open for public use.

                    A notification procedure should ensure that research parties

                are not only familiar with existing regulatory controls, but also

                that they better understand which resources are particularly

                susceptible to adverse research-related impacts. In addition, the

                master listing could: (1) produce a record of scientific

                investigations which might provide important management

                information, (2) contribute to efforts to monitor use patterns

                within the Sanctuary, (3) be of assistance in identifying areas of

                research.not receiving adequate attention, and (4) ensure that

                Sanctuary managers are aware of relevant area-specific studies and

                literature. Finally, this notification process would provide both
                sanctuary managers and researches with a record of individuals and

                groups who have first-hand experience with the areals resources.

                This would be a valuable tool in coordinating research efforts and


                                               IV-91










         encouraging multi-disciplinary analyses.

             In turn, researchers could benefit from the resources of the

         Information Center and, unless the research would require a permit

         notification would not impose any delay. The compilation of

         technical documents in the Sanctuary Information Center will

         provide a baseline of site-specific information which would help

         long-term environmental analysis and encourage further research

         within Sanctuary boundaries. The Sanctuary manager will directly

         encourage research by sponsoring a monitoring program, providing

         partial funding for research, and encouraging researchers and

         funding organizations to conduct or support studies in the

         Sanctuary. The monitoring effort will focus on the overall health

         of the natural resources of the area as well as the level and

         effects of human activities occurring nearby. The information

         gained from such monitoring efforts and other research projects
         should enable NOAA to manage and regulate the Sanctuary more'
         effectively, and to assist other applicable authorities in carrying

         out their responsibilities.
            . Another research objective of the Sanctuary managers would be
         to map and complete a detailed inventory of historical resources.
         Many of the known wrecks in the area need to be documented and.
         researched. Limited archaeological research has been conducted in
         the area and active research into, and mapping of, possible
         historical artifacts in the Bay has been initiated on a small scale

         (U.S. Bureau of Land Management, 1979c).




                                         IV-92












                IV. Section: Unavoidable Adverse Environmental or Socioeconomic

                              Effects

                    Specific environmental and socioeconomic effects of each

                proposed regulation are included throughout the environmental

                consequences section of the preferred alternative.

                    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 advekse 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
                permits to conduct otherwise prohibited activities, for requesting

                certifications for existing leases, licenses, petmits, approvals,

                other authorizations or rights authorizing the conduct of a
                prohibited activity, and for notifying 140AA 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 st rict guidelines for reviewing applications in


                                                IV-93











         as brief a time as possible.

             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.

             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

         found that "few data have been collected by MMS or anyone else to
         address the social and-economic impacts of OCS activities".






                                        IV-94









               V. section:    Relationship Between Short-term Uses of the

                              Environment and the Maintenance and Enhancement of

                              Lons-term Productivity

                    Sanctuary designation emphasizes the importance of the natural
               and historical resources of Monterey Bay area. The quality of the
               Monterey Bay environment is still relatively pristine and the
               healthy and the diverse natural ecosystem is relatively unaltered.
               Designation will enhance public awareness of the area and provide
               long-term assurance that its natural resources will.be available

               for future use and enjoyment. Implementation of the preferred
               alternative ensures that changes in use patterns which degrade the

               Bay environment are monitored and possibly reversed.

                    The education, research and resource protection programs will

               provide information, management and protection that develops a

               foundation for wise public use of the area and results in long-term

               productivity. Similarly, information collected in the research

               program will assist marine natural resource managers in making

               better management decisions. Better management will in turn help

               resolve use conflicts and mitigate the adverse effects of human

               activities.


















                                               IV-95



                                                                                 f6WA-6 - PLAA1






































          /I -






  0                                                                              Manag Lgm-ent Plan -








   9

                                                                      I









    0
                                                           V-1







                                    TABLE OF CONTENTS                                RAGE
            I. S-ection       Introduction   . . . . . . . . . . . . . . . . .         V-3
            II. Section:      Resource Protection      . . .                           V-8
                        A.  Introduction     . . . . . . .                             V-8
                        B.  Goals     o      o
                                                                              o        V-9
                        C.  Sanctuary Regulations      .                    . . .     V-10
                                    1. Emergencies     . . . . . . . . . . . .        V-12
                                    2. Defense or Law Enforcement Activities          V-12
                        D.  Contingency Plans . . . o       . . . . . . . . . .       V-14
                                    1. Existing Capabilities       . . . o  . . .     V-14
                                    2. Sanctuary Action       . . . . . . . . .       V-17
                        E.  Compatible Use of the Sanctuary        . . . . . . .      V-20
                        F.  Surveillance and Enforcement        . . . . . . . .       V-21
                                    1. Sanctuary Action and Coordination        with
                                    Existing Agencies    . . . . . . . . . . .        V-21
                                    2.  Public Education and Information              V-23
                                    3.  Planning and Coordination      . . . . .      V-24
            III. Section: Research      . . . . . . .    o  . . . . . . .   o . .     V-25
                  A. Introduction     . . . . . . . . . . . . . . . . . . ..          V-25
                  B. Goals     . . . . . . . . . .     o . . . . . . .   o  . . .     V-27
                  C. Framework for Research       . . . . . . . . . . . . . .         V-28
                        1. Baseline Studies       . . . . . . . . . . . . . .         V-29
                        2. Monitoring      . . . . . .   o  . . . . . . . . . .       V-32
                        3. Predictive Studies        . . . . . . . . . . . . .        V-35
                  D. Selection and Management        of Research   Projects   . .     V-37
                        1. Preparing an Annual       Plan   . . . . . . . . . .       V-37
                        2. Monitoring Progress         o .      o  - - o . . . .      V-38
                        3. Information Exchange        . . . . . . . . . . . .        V-38

            IV. Section       Education    . . . . . . . . . . . . . . . . .          V-39
                  A. Introduction     . . . . .   o             o  . . . . . . .      V-39
                  B. Goals     . . . . . . . . . . .     o  . . . . . . . . . .       V-39
                  C. Educational Opportunities         . o  . . . . . . . . . .       V-40
                        D. Educational Programs        . o  . . . . . .  o  . . .     V-42
                        1. Site visitor Programs       . . . . . .   o . . . . .      V-42
                        2. Information Center Programs        . . . . .  o  o - -     V-43
                        3. outreach Programs      . . . . . . . .    o . . . . .      V-46

            V. section:       Administration   . . . . . . .    o  .     o  . . .     V-48
                  A. Introduction . . . . o       . . . . . . . . . . . . . .         V-48
                        1. sanctuaries and Reserves Division         . . .  o o -     V-48,
                        2. Sanctuary Advisory Committee o          .     o  . . .     V-49
                        3. Federal Agencies .        . o -  - - ... o  . . . . .      V-50
                        4. state, regional and       local  agencies   . . . . .      V-51
                  B.   Resource Protection     . . . . . . . . . . . . . . .          V-53
                  C.   Research  . .. .. . . . . . . . . .    o - - o  - -  * * o     V-56
                  D.   Education    . . . . . . . . .    o  . . . . . . .   * * *     V-57
                  E.   General Administration     . . .  o  . . . . . . . . . .       V-58
                  F.   Staffing Levels     . . . . . .   o  . . . . . . . . .   *     V-61
                  G.   Headquarters and Visitor Center Facilities        o  . . .     V-61





                                                  v-2












               Part V:                                           LUA ILT % - IMI'V V

               i. section    Introduction

                   The Marine Protection, Research, and Sanctuaries Act of 1972,
               as amended, and its implementing regulations (15 CFR Part 922)

               require that a management plan be prepared for each proposed

               Sanctuary. Once the Sanctuary is designated, the plan will be

               implemented. The management plan focuses on Sanctuary goals and

               objectives, management responsibilities and guidelines for the

               resource protection, research, education and administration

               programs.

                   The plan establishes an administrative framework in

               recognition of the need for cooperation and coordination to ensure

               effective management. The Sanctuaries and Reserves Division (SRD),

               National Oceanic and Atmospheric Administration (NOAA), is

               responsible for management of the site.

                   Variable funding for staff and program development over the
               next several years may affect specific aspects of Sanctuary
               management described in this plan. Modifications to the scope and
               scale of the programs 'may have to be made because of such
               unforeseeable changes in the level of funding. The goals and
               objectives of the plan will, however, remain unchanged.
                    Sanctuary goals and objectives provide the framework for
               developing the management strategies. The goals and objectives
               direct Sanctuary activities towards the dual purposes of public use.
               and resource conservation and are consistent with the intent of the

               National program.


                                               V-3








               The management strategies planned for the proposed Monterey
          Bay National marine Sanctuary (MBNMS) are directed to the goals and
          objectives outlined below. It  should be noted that, although the
          Sanctuary goals are listed discretely, they are actually
          overlapping. For instance, the research and education efforts both
          contribute to resource protection and to enhancing public use of

          the Sanctuary.

               The first task upon Sanctuary designation will be to establish
          liaison with the appropriate agencies to ensure the Sanctuary
          mandate can be carried out through a cooperative management,

          strategy. Sanctuary staff will meet with other agencies and

          institutions operating in the area to familiarize them with the

          Sanctuary mandate and staff, and determine appropriate working

          relationships. For example, discussions to determine resources

          most in need of management would take place with California

          Departments of Fish and Game and Parks and Recreation, State Water

          Quality Resources Board, Regional Water Quality Control Boards,

          U.S. Coast Guard, U.S. Fish and Wildlife Service, local businesses,

          Association of Monterey Bay Area Governments, towns and cities,

          agricultural and fishing representatives and research institutions.

               A Monterey Bay National Marine Sanctuary Advisory Committee
          (SAC) will be created by the Sanctuaries and Reserves Division to
          assist the Sanctuary Manager in policy making. The Committee will
          consist of appointed representatives of government agencies,
          research and education groups, and commercial and environmental

          interests.



                                           V-4








                   During the Public Comment period on the DEIS/Mpg NOAA received
              many requests from Government agencies, environmental
              organizations# municipalities, research and education groups and
              private industries as well as individual members of the public
              requesting participation in the SAC. One of the top priorities for
              the Sanctuary Manager will be to assist with the creation of the
              SAC according to the procedures and guidelines required by the
              Federal Advisory Committee Act (FACA).    All groups and individuals
              will have an opportunity to assist in the development of the SAC
              via the procedures specified in FACIL and its implementing
              regulations (see Appendix A).

                   It is intended that the SAC will create subc-ommittees to

              assist in developing programs in research, education, resource

              protection and administration for the Sanctuary. Thus the SAC will

              play a key role in determining what the management priorities

              should be, and coordinating Sanctuary actions with those of other

              agencies.                     I

                   The Sanctuary staff will work with (other agencies to

              coordinate resource management programs and look for necessary

              support for such programs. The Sanctuary also will support

              management-related research and monitoring through funding,

              staffing, and other means that may be available and appropriate.

                   other immediate and high priority activities will include

              reviewing development or management proposals that will impact upon
              the marine resourc .es, providing policy advice to other agencies
              working in the Proposed Sanctuary area, and making presentations to


                                               V-5











           appropriate levels of government.
               Another priority will be to assist in coordination and support
           of existing interpretive and education programs, such as those of
           the California Department of Parks and Recreation and the Monterey
           Bay Aquarium. SRD headquarters and Sanctuary staff will review and

           develop educational materials, signage, interpretive displays and

           appropriate facilities in cooperation with existing programs.

           Interpretive information provided to those using the Sanctuary for

           recreation uses may help them enjoy their visit more and increase

           their awareness of Sanctuary resources.

               The general public and interested organizations in central and

           northern California will play important roles in"attaining resource

           protection goals in the Sanctuary. Interpretive programs fostering

           public understanding and, hence, support for management objectives,

           are inherent in the plan's concept. The establishment of a MBNMS

           will provide an excellent opportunity to inform the public about

           the value of efforts to protect its fragile resources and the need

           for a long-term management framework. Effective communication will
           depend on publications, exhibits, and special events that convey
           the significance of the Sanctuary's resources to both the in-state

           and out-of-state public.
               The management plan proposes actions tailored to specific
           issues affecting the Sanctuary. The plan recognizes the need for a
                               f ecting the existing protection priorities and
           balanced approach re 1
           the multiple use character of the area. implementation of this
           plan will require cooperation and coordination among many federal,

                                           V-6










              state and local government agencies as well as private

              organizations and individuals. See Appendix 2 for a listing and

              brief description of the various state and federal management

              authorities which have statutory responsibility for protecting

              marine resources in the proposed Monterey Bay National Marine

              Sanctuary area. Information exchange, sharing facilities and

              staff, and the coordination of policies and.procedures for resource

              protection will be features of all programs, including research and

              education. The plan is designed to guide management of the

              proposed MBNMS for the first five years after implementation.

              During this period, management in"itiatives will generally fall into

              four basic programs: Resource Protection, Research, Education and

              Administration. The remainder of this section describes goals,

              guidelines and initiatives for each progran.























                                               V-7











          II. Section: Resource Protection

               A. Introduction

               The proposed designation.of Monterey Bay as a National Marine

          Sanctuary focuses attention on the value of the area's resources.

          To ensure that these resources are protected, the Sanctuary
          resource protection program includes: (1) statement of Sanctuary
          resource protection goals; (2) promulgation of Sanctuary
          regulations, including procedures for working with existing
          regulatory authorities in cases of overlapping jurisdiction; (3)
          contingency planning and emergency response; (4) encouraging

          -compatible use of the Sanctuary; and (5) surveillance and

          enforcement, including coordination of policies and procedures

          among the agencies sharing responsibility for resource protection

          and enforcement of Sanctuary regulations in addition to those

          already in place.























                                           V-8














                   B. Goals

                   The highest priority management goal for the XBNKS is the

              protection of its marine environment, resources and qualities.

              Many of the activities that affect the KBNMS marine environment are

              presen tly governed by existing State and Federal regulations under

              the jurisdiction of many different agencies. when this occurs, a

              National Marine Sanctuary may serve the function of coordinatinq

              the activities of these management and regulatory agencies by

              specifically taking steps  to:


                   Coordinate policies and procedures among the agencies sharing
                   responsibility for protection and management of resources;

                   Encourage participation by interested agencies and organiza-
                   tions in the development of procedures to address specific
                   management concerns (M.cr., monitoring and emergency-response
                   programs);

                   Develop an  effective and coordinated program for the
                   enforcement of Sanctuary regulations;

                   Enforce Sanctuary regulations in addition to other regulations
                   already in place;
                   Promote public awareness of, and voluntary compliance with,
                   Sanctuary regulations and objectives, through education and
                   interpretive programs stressing resource sensitivity and vise
                   use;

                   Ensure that the water quality of Monterey Bay is maintained at
                   a level consonant with Sanctuary designation.;

                   Establish memoranda of agreement and other mechanisms for
                   coordination among all the agencies participating in Sanctuary
                   management;
                   Ensure that thd.appropriate management agency incorporates
                   research results and scientific data into effective resource
                   protection strategies;

                   Reduce threats to Sanctuary resources.



                                               V-9










                C. Sanctuarv Rgaglations
                A summary of the existing regulatory regime in the area of the
           proposed MBNMS and the proposed Sanctuary regulations are included
           in Part III of the EIS. The proposed Designation Document
           (Appendix B) describes 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 ensure protection of Sanctuary resources and conservation
           of Monterey Bay's valuable habitat, NOAA proposes eight additional
           regulations governing oil, gas and mineral activities; discharges
           and deposits (from both within and from outside of the boundaries);
           historical resources; alteration of or construction on the seabed;

           marine mammals and seabirds; overflights and "personal water

           craft".   Vessel traffic may be regulated in the future after SRD

           has consulted with the U.S. Coast Guard regarding threats to

           Sanctuary resources and qualities from vessel traffic and

           appropriate means of reducing those threats. Fishing is also

           included in the scope of regulations. The Pacific Fisheries

           Xanagement Council would have the first opportunity to draft any

           regulation affecting fishery activities.

                However, any of the prohibited activities other than: (1)

           exploring fore developing, or producing oil, gas or minerals in the
           Sanctuary, (2) discharge of primary treated savage after expiration
           of permits existing as of the date of designation, (3) sand-mining
           below mean-high water after expiration of permits existing of the


                                            V-10









              date of designation, and (4) disposal of dredge material other    than
              at existing sites at current frequencies, magnitudes and quality;
              could be conducted lawfully it: 1) Necessary for national defense
              or law enforcement; 2) necessary to respond to an emergency
              threatening life, property, or the environment; or 3) pursuant to:
                    (a) a National Marine Sanctuary permit issued under section

              944.9; or authorized by a Special Use permit issued under Section

              310 of the Act.

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

              Coastal Resource Management under section 944.10 of a valid lease,
              permit, license, or other authorization issued by any Federal

              authority of competent jurisdiction and in existence on (or

              conducted pursuant to any valid right of subsistence use or access

              in existence on) 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.

                    (c) The activity is authorized by a valid 'lease, permit,

              license, approval or other authorization issued by any Federal,

              State, or local authority of competent jurisdiction after the

              effective date of Sanctuary designation, provided that the Director

              or designee was notified of the application in accordance with the
              requirements of section 944.11, the applicant complies with the
              requirements of section 944.11, the Director or designee notifies
              the applicant and authorizing agency that he or she does not object
  0           to issuance of the authorization, and the applicant complies with

                                                V-11









          any terms and conditions the Director or designee deems necessary
          to protect Sanctuary resources and qualities.
               The prohibitions would apply to United States-flag vessels,
          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 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.



                    1. 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.



                    2. Defense or Law Enforcement Activities

               The Sanctuary prohibitions, except for the prohibition on oil,
          gas and mineral activities, do not apply to activities being '
          carried out by the Department of Defense as of the effective date
          of Sanctuary designation. Nonetheless, all activities carried out
          by the Department of .Defense shall be carried out so as to minimize
          any adverse impact on'Sanctuary resources and qualities. The
          exemption from prohibitions of addlitonal activities having the


                                           V-12









               potential for significant impacts carried out by the Depateunrt of

               Defense shall be determined in consultation between the Director or

               designee and the Department of Defense. If it is determined that

               an activity may be carried out, such consultation shall include a

               determination of how it shall be carried out.so as to minimize any

               adverse impact on Sanctuary resources and qualities.

                    In the event of threatened or actual destruction of, loss of,

               or injury to a Sanctaury resource or quality resulting from an

               untoward incident, including but not limited to spill and

               groundings, caused by a component of the Department of Defense, th

               ecognizant component will promptly coordinate with the Director or

               designee for the purpose of taking appropriate actions to respond

               to and mitigate the harm and, if possible, restore or replace the

               Sanctuary resource or quality.





























                                               V-13











               D. Contingency Plans

               The resources of the MBNMS are susceptible to natural and
          human-related changes. Many of these changes are gradual and can

          be detected only through long-term monitoring of environmental and
          biological indicators. However, certain sudden and catastrophic
          changes in conditions (due to an accidental oil spill or vessel

          grounding, for-example) could seriously impact resources and

          present severe health and safety hazards.



                    1. Existing CaRabilities

               A number of Contingency Plans are presently in effect in the

          Monterey Bay area. 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 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 USCG's

          hazardous materials mission under the Oil and Hazardous Substance

          Pollution Contingency Plan is to: (1) prevent spills, (2)
          investigate spills that may occur and (3) coordinate response

          between all responsible parties.
               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


                                          V-14









              appropriate Federal and state agencies.
                   Assistance is also possible from private groups and industry.
              All of the relevant public,and private aq    ies, 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 (LTJG Ray Perry, Personal Communication,
              April 5, 1989).

                   The Moss Landing Power Plant and Marine Terminal has an oil
              Spill Contingency Plan that was most recently updated in November,
              1988. Tankers that unload at the Moss Landing terminal carry an

              average of one hundred and fifty thousand (150,000) barrels of oil.
              A boat, contracted by PG&E, equipped vith portabie skimmers,

              containment booms and other spill cleanup equipment is with the

              tanker during unloading. Two more boats are stationed at the plant

              docks, similarly equipped, but without crews. However, some Moss,

              Landing PG&E employees are trained to operate the boats and

              equipment and are available on an "on-call" basis. The USCG can

              respond within 15 minutes and provide the necessaxy additional

              personnel, boats and equipment fro& the Monterey Cbast Guard

              station, if necessary (Carl Walker personal communication after

              discussion with Dan Bishop, May 4, 1989), although it vill take
              longer for the USCQ to also bring the necessary equipment.
                   Recently a group of local boat operators including, fishermen
              and researchers have organized themselves to begin determining
              their capabilities during.an ocean emergency. The group, the
              Professional Mariners Response Organization, intends to conduct a


                                              V-15








          small-scale emergency response drill using only a fev boats (5)
          during October 1991 to determine the effectiveness of their
          equipment and the best means of providing assistance during a real
          emergency response (Lee Bradford, perse comm. June, 1991),
               The U.S. Navy has a Contingency Planning Guide (Draft, 1987)
          that details the oil spill response equipment, operating personnel
          and spill response specialists that are available from the
          Supervisor of Salvage of the Naval Sea Systems Command for major
          spill response efforts. The Navy oil spill plans outline
          responsibility for all Navy spills such as those emanating from
          damaged Navy Fleet oilers or from Military Sealift Command

          chartered tankers.

               In addition a number of oil companies and organizations
          including, Exxon Company (April, 1980), Cities Service oil and Gas

          Corporation (Draft April, 1986; revised, 1988), Atlantic Richfield

          Company (April, 1981) and the Western Oil and Gas Association

          (January, 1987), have Oil Spill Contingency Plans or Documents that

          are designed to provide information and logistical support to the

          responsible government agency, discharger and other interested

          agencies in the event of a spill.

               Finally, Clean Bay and Clean Seas are two industry-supported

          oil spill clean-up cooperatives operating in the San Francisco Bay

          and the Santa Barbara areas, respectively. The primary
          responsibility to develop oil spill prevention control techniques

          rests with management of each member company. However, the
          services, equipment and personnel of each cooperative are available


                                          V-16










               to member, non-member and government agencies in each area of

               interest. The dividing line between the two,.cooperative areas of

               operations is at Cape San Martin. Therefore the resources of Clean

               Bay would be most relevant for oil spills in the Monterey Bay area

               although mutual assistance is available from each other's region.

                    clean Bay consists of 17 members including 6 oil refineries.

               The cooperative would have a 4 hour response time to Moss Landing,

               and 8 to 10 hours with the vessels located in Richmond. Within 6

               to 7 hours Clean Bay could mobilize a plane located in Oakland and

               spray dispersants on the spill from the air. This type of

               .dispersant action needs approval*from the Coast Guard (Rick

               Willett, personal communication, May 18, 1989).

                    Recent State (SB 2040) and Federal legislation (Oil Pollution

               Act) specifically address numerous additional response, as well as
               preventative, measures regarding vessel oil spills (see Appendix C
               for details regarding this legislation).



                         2. Sanctuary Agtion

                    overall the Nonterey Day USCQ and the PG&E response
               capabilities only seen adequate for immediate response and for
               minor to moderate events. 8A86d an their recent iavolvownt in the
               Exxon Valdes spillp staff from the Nonterey Bay Aquarium have
               concluded that the current Nonterey Bay contingency plan for oil
               spill removal and wildlife recovery in inadequate (Julie Vackard,
               personal communication, X&Y It 1989)-
                    One- of the f irst management actions of the Sanctuary will be


                                               V-17










          to run an emergency response exercise for an oil spill in the
          sanctuary boundaries. The intent of this exercise will be not only

          to test the adequacy of existing plans and the availability and

          effectiveness of the equipment allocated but also to provide an

          opportunity for existing emergency response agencies and personnel

          to work with the Sanctuary and to define each others roles and

          responsibilites.

               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.
          Sanctuary personnel will work with the USCG during the preparation
          of this plan to identify those areas where the Sanctuary can a si:t
          and supplement necessary actions as well as take the lead in a:ea
          of Sanctuary expertize.
               The Sanctuary program is preparing a National Plan with
          additional site specific planar such as for Xonterey Bay, that will
          recognize the need for ongoing training and importance of
          appropriate equipment on hand in the event of a large-scale
          emergency that will require long-term response and clean-up

          capabilities.
               To provide further protection to 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

                                          V-18










               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

               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. The plan will

               specificy the role of the Sanctuary and with which action items it

               has lead responsibility versus providing assistance when requested

               by another lead agency.

                    An SRD-level contingency and emergency-response plan has been
               prepared for the Channel Island  and Key Largo National Marine
               sanctuaries. A similar plan for the proposed XBMS will be created

               that will:

               0    Describe emergency-response procedures and coordination
                    requirements for SRD and Sanctuary staff;
               0    Provide a geographic information system depicting resources at
                    risk;
               0    outline procedures for emergency research; and
               o    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 ef forts will be closely coordinated with
               similar efforts to protect the Elkhorn Slough KERR.


                                               V-19










               E. Compatible Use of the Sanctugry
               Encouraging the private and public uses of the Sanctuary, not

          prohibited pursuant to other authorities, in ways that are

          compatible with the primary objective of resource protection, is an

          important aspect of the resource program. Thus the Sanctuary will:

          1.   Encourage the public who use the Sanctuary to respect
               sensitive Sanctuary resources and qualities.

          2.   Provide relevant information about Sanctuary regulations and
               use policies;

          3.   Collaborate with public and private organizations in promoting
               compatible use of the Sanctuary; and

          4.   Monitor and assess the levels of use to identify and control
               potential degradation of resources and minimize potential user
               conflicts.

          5.   Monitor commercial and recreational activities in the
               Sanctuary and encourage other agencies to do so to detect
               areas of particular management concern;

          6.   Collect and publicize information on commercial and
               recreational activities in the Sanctuary;

          7.   Consulting with other agencies on policies and proposals for
               the management of activities which may affect protection of
               Sanctuary resources; and
          8.   Developing educational materials aimed at enhancing public
               awareness of the Sanctuary's resources and their need for
               protection.
               Monitoring and information exchange programs are discussed
          under research (Section III). The development of materials is

          discussed under education (Section IV).











                                           V-20










                     F. Surveil]-ance and j_nforcement
                          1. Sanctuary Action and-C-o-ordination with Existin_q
                          Agencies
                     A primary feature of the resource protection proqram is the
                surveillance of Sanctuary waters and enforcement of applicable
                regulations. Although a detailed enforcement plan has not been
                developed, NOAA, at present, envisions a State-Federal cooperative

                enforcement system involving the State of California Resources

                Agency, the U.S. Coast Guard, the U.S. Fish and Wildlife Service,

                the National Narine Fisheries Service and the National Park

                service.

                     Since the proposed Sanctuary would Include both state and

                Federal waters# clog* coordination between state and Federal

                authorities would be required. To achieve this abjectiv* the

                sanctuary envisions a cooperative agreement where Federal Sanctuary

                officers are deputized to enforce azinting State regulations and

                State enfocement officers are deputized to enforce Sanctuary

                regulations. ill officers would report directly to the Sanctuary
                manager and work full-tigie on Sanctuary man agesent Issues. This
                mutual deputization mould fOStOC & Glaze Mrki" relationalhip
                between the State and the sanctuary as well as assist in increasing
                mutual goals of enhanced resource protection.
                     Boats for both State and Federal officers would be made
                available by the Sanctuary to patrol the sanctuary for not only
                education and enforcement purposes but also to increase the
                visibility of the sanctuary and the publics awareness of the


                                                V-21











           sanctuaryts presence.
                A radio transmitter would be established from the local
           Sanctuary headquarters using a 100 Watt VRP transmitter to create
           coordinated network of enforcement personnel to assist with rapid
           response to diving or boating accidents or an oil spill response.
           Due to the geographic limits on the range of the transmitter to
           boats (30 mile max.) and from boat-to-boat (15 mile maz.) and the
           large six* of the proposed-Sanctuary# repeaters would have to be
           established an towers along the coast to enable long-range
           communication. A dedicated frequency for Sanctuary operations
           would be made available using using the ezisting dedicated
           frequency bands for government use.

                The Sanctuary also intends to take advantage on either a
           regular basis or an an ad hoc basisp depending on availability, of
           NOAA aircraft that fly over the Sanctuary area that could provide
           additional assistance during enforcement actions or emergency
           responses. Aerial surveys could also be arranged for research

           purposes as well as assist in concentrating on-water actions to

           specific locations.

                The USCG has broad responsibility for enforcing all Federal

           laws in navigable waters under U.S. jurisdiction. Where these laws

           regulate fishing harvests, the USCG works closely with the NMFS and

           the CDF&G. The CDF&G-enforces Federal as well as California

           fishing regulations in the exclusive economic zone (200 miles from

           the State's coastal baseline) and acts as the primary agency for

           the enforcement of fishery regulations applying to Monterey Bay.


                                           V-22









                     Sanctuary designation would have the effect of broadening USCG
                enforcement responsibilities to include the enforcement of

                Sanctuary regulations. Neither NOAL nor the USCG has the resources
                to conduct systematic surveillance and enforcement operations to
                ensure compliance with Sanctuary regulations. However, both the

                USCG and the State conduct operations in the area. The USCG would
                provide limited surveillance in conjunction with multi-mission,

                surface or aerial operations.

                     NOAA plans to rely on such observers from other agencies and

                cooperating organizations, including excursion and service boat

                operators, to assist in providing the surveillance information

                needed for the enforcement program. The enforcement program is

                expected to be sufficiently strong to deter widespread violation of

                Sanctuary regulations. However, in the event that analyses of use

                patterns after Sanctuary designation indicate that additional

                surveillance is required, NOAA will provide for. more intensive

                enforcement to protect Sanctuary resources. The effectiveness of

                sanctuary enforcement aperatiors will be evaluated two years after

                sanctuary designation and annually thereafter.
                     Emphasis will also be placed on information development and
                dissemination as well as after-the-fact enforcement efforts. The
                interpretation and education program will therefore be important in
                engendering voluntary compliance with Sanctuary regulations.


                          2. Public Education and Information
                     Because the most effective enforcement is prevention, the


                                                V-23









           Sanctuary education program will make every effort to inform users
           of the need to use the Sanctuary environment wisely. The focus of
           the first year of the education program will bbe to inform the
           public about the existance of the Sanctuary, its purpose and
           intent, its areal coverage and the National significance of its

           resources and qualities. Much of this effort will involve the

           preparation of easily understood brochures and other written

           materials on regulations, and the reasons for them. These

           materials will be made available to all Sanctuary users.



                     3. Planning and Coordination

                Information obtained from the research program and from

           surveillance-enforcement activities on Sanctuary visitor use

           patterns, frequently occurring violations, and potentially

           sensitive resources, will be reviewed in periodic meetings between

           the Sanctuary Manager, the Sanctuary Advisory Committee and

           enforcement agency personnel to determine the adequacy of

           surveillance levels.























                                           V-24











                 III. section: Research

                      A. Introduction

                      Specific sites within the study area have a long history of
                 research and a considerable amount of baseline environmental
                 information has been documented. These are historical research

                 areas of national significance. Afio Nuevo Island and Afic Nuevo
                 Point have been intensively studied as has the rocky intertidal
                 area along the northern shoreline of the Monterey Peninsula

                 (Hopkins Marine Life Refuge and Pacific Grove Marine Gardens Fish

                 Refuge). The Monterey Canyon and the Bay environment have been the

                 focus of research as well.

                      Thirteen marine research/education institutions are found in

                 the study area, eleven of which are in the proposed Sanctuary

                 boundaries. The eleven encompassed by the boundaries are the Afic

                 Nuevo State Reserve; State University of California's Institute of

                 Marine Sciences at Long Marine Laboratory at Santa Cruz; Elkhorn

                 Slough National Estuarine Research Reserve, (NOAA and CDF&G) ; San

                 Jose State University's Moss Landing Marine Laboratories; Stanford
                 University's, Hopkins Marine Station; the Center for ocean Analysis
                 and Prediction (NOAA); the Naval Postgraduate Marine Laboratory;
                 Pt. Lobos Ecological Reserve; Granite Canyon Marine Laboratory
                 (CDF&G) ; the Monterey Bay Aquarius Is research division; and the
                 Monterey Bay Aquarium Research Institute (Incorporated May, 1987).
                 The University of California's Landels-Hill Big Creek Reserve in
                 Big Sur and the FWS research station at Pt. Piedras Blancas, are
                 both south of, and thus excluded from# the preferred boundary.


                                                  V-25









                 The opportunities for undertaking marine research in the area
            are excellent. The diversity of habitat types and communities is
            outstanding and past studies provide important baseline
            information. The Monterey Canyon provides a unique opportunity to
            undertake deep water marine research without having to undertake
            long and expensive cruises offshore. Finally, the marine research
            institutions within the area provide an exceptional resource to
            draw upon in furthering our understanding and thus the management
            of the proposed Sanctuary's marine resources.

                 Effective management of the MBNMS will require the
            inauguration of a research program that effectively coordinates the
            existing research programs and addresses management issues.
            COAP/NOAA in Monterey has already made significant progress in
            supporting research efforts in the area and in disseminating

            information from numeours data sources. A growing education

            program at COAP is also able to inform the general. public and user

            groups of Monterey Bay about the relevance of the data to their

            -day-to-day activities as well as increase their awareness of the

            significance of the bay's resources and qualities.

                 specific applied research needs would include geophysical

            seismic OCS research, fisheries management issues, coastal land-use
            planning, environmental toxicology, water and solid waste studies

            all focused on the resources and qualities of the Sanctuary.

                 The role of the sanctuary can serve to provide a forum for
            discussion of research priorities and exchange of information among
            local research institutions. The Sanctuary can also provide


                                            V-26









                limited but long term logistical and financial support for research
                studies consistent with the qoals of the Sanctuary program.
                     specific priority research needs for the Sanctuary will be
                identified and approved by SRD with advice from the Sanctuary
                Advisory Committee. This process is described in the following

                Sections.

                     Scientific investigations into the Monterey Bay ecosystem

                structure and function -is essential so that managers can develop

                effective solutions to management problems. Research funded by the

                SRD will be directed to improving our knowledge of the Sanctuary's

                environment and resources. This research will not only expand our

                understanding of basic coastal and marine procesies but will be the

                basis for evaluating activities that may affect the Sanctuary's

                resources. The general direction of the research program and the
                process for preparing an annual Sanctuary Research Plan is

                discussed below.




                     B. Goals
                     The purpose of Sanctuary research activit@ies is to improve
                understanding of the Monterey Bay environuieut, resources and
                qualities, to resolve specific management problems, and to
                coordinate and facilitate information flow between the various
                research institutions, agencies and organizations. A major
                emphasis of the research program will be to encourage studies that
                investigate the natural processes at the land-sea interface- For,
                example, studies that integrate the facilit .ies of the Elkhorn


                                                 V-27









           Slough National Estuarine Research Reserve with deep sea and/or
           coastal research will help increase our understanding of the role
           of estuaries in coastal productivity. Research results will be
           used in education programs for visitors and others interested in
           the Sanctuary, as well as for resource protection. The strategies
           to be employed in the research program are to:
                Establish a framework and procedures for administering
                research to ensure that research projects are responsive to
                management concerns and that results contribute to improved
                management of the Sanctuary;

                Incorporate research results into the interpretive/education
                program in a format useful for the general public;
                Focus and coordinate data collection efforts on the physical,
                chemical, geological and biological oceanography of the
                Sanctuary;

                Encourage studies that integrate research from the variety of
                coastal habitats with nearshore and open ocean processes;

                Initiate a monitoring program to assess environmental changes
                as they occur due to natural and human processes;

                Identify the range of effects on the environment that would
                result from predicted changes in human activity or natural
                phenomena;

                Encourage information exchange among all the organizations and
                agencies undertaking management-related research in the
                Sanctuary to promote more informed management.

                Evaluate the effectiveness and efficiency of the research
                program and its integration with resource protection and
                education objectives.

                    Framework for Researc
           The research program consists of three major project categories:
                Baseline studies to determine the features and processes of
                the natural environment; to determine the abundance,
                distribution, and interaction of the living resources;
                distribution and status of cultural resources and to describe
                the pattern of human activity in the Sanctuary from
                prehistoric times to the future;

                                           V-28









                     monitoring to document changes in environmental.quality, in
                     ecology, and in human activity; and

                     Predictive studies to assess the causes and effects of
                     environmental and ecological changes.

                     Each of these categories is described 'in more detail below:



                          1. Baseline Studies

                     Baseline studies will be designed to obtain a better

                understanding of the physical oceanography and ecology of the

                Sanctuary. Because Monterey Bay is located in an area subject to

                hydrocarbon spills and discharge effluents, Sanctuary managers need

                sound information on water circulation. This information would be

                used to improve understanding of the dispersion pattern of possible

                oil spills and current land-source and ocean-source discharges into

                the Sanctuary as part of the Sanctuary's contingency planning

                efforts. A basic understanding of the physical oceanographic

                processes of the Monterey Bay area at a mesocoss scale is essential
                before one can undertake predictive studies of hunan activities on

                the marine environment.

                     Studies into the transport of dUA;Ch&x9es and materials from
                sources to sinks throughout thp vater Colmn axe uaK:eszaxy before
                one can conclusively establish cause and effects of these
                anthropogenic inputs. it is hoped that ultimately this research
                will establish a firm scientific basis from which to apply
                management and possib .le regulatory measures that will reduce the
                impacts and costs Of these human activities on the environment and

                society.


                                                 V-29











               Basic physical oceanographic studies should focus on
           interchange of water masses between Bay and open ocean, local
           circulation within the Bay, and upwelling processes. To accomplish
           the goal of understanding regional circulation the Sanctuary could

           assist with the development and dissemination of information from

           existing monitoring stations such as NOAA tide guages, current

           meters, thermistor chains and satellites such as the NOAA polar

           orbiting satellites with the Advanced Very High Resolution

           Radiomenter instrument which can image sea surface temperature.

           Process oriented studies can use resident, indicator species to

           identify local water mass movement and elucidate key productivity

           areas or areas of high diversity. Results could then be

           incorporated into an understanding of food chain relationships and

           predator-prey foraging dynamics.
                Such studies could then be expanded upon to determine whether

           effects on the resources of the Monterey Bay area are caused by
           biological impacts, i.e., inter- or intraspecific competition or
           predation such as between salmon, seabirds, shorebirds and marine
           mammals, or from abiotic effects such as sea temperature rise from
           El Nifto events or from human activities such as degradation of
           water quality via pollutants. For example, a fishery stock
           as sessment could be instituted to determine the species composition
           and abundance of the fish population of Monterey Bay. The data
           collected in this study would serve to document the Say's value as
           a fishery habitat and provide the basis for estimating the effects,
           if any, of increased fishing intensity, climatic change,


                                           V-30










                 fluctuations in predator and prey abundance, or pollutants on the

                 fishery.

                     Comprehensive knowledge of the distribution of organisms and

                 their dependence on environmental factors is needed for

                 interpretation as well as for resource protection. The environment

                 at representative depths and locations should be characterized by

                 the collection of additional baseline data on water temperature and

                 salinity, light penetration, upwelling circulation and nutrient-

                 load. This information should be correlated with data on the

                 abundance and distribution, by depth zone and location of species

                 populations living within and transiting the Monterey Bay area.

                 Data of this type have been collected by the numerous research

                 institutions surrounding Monterey BAY, bult there are still many
                 gaps in our knowledge of Monterey Bay ecology,, specif ica-Ily -land-

                 sea interactions.

                      The interaction of physical oceanography with biological
                 studies will assist in developing an understanding of the ecology
                 of the region and the general health and productivity of the Bay
                 area. The research and education programs in general will
                 emphasize a multi-disciplinary, mIti-institutIOMI, integrative
                 approach that will engender a regional and cooperative attitude to
                 basic and applied scientific issues. The geographic location of
                 the proposed Sanctuary provides an excellent opportunity to
                 integrate research that investigates the effects of man's land
                 activities on the resources and human uses of the marine
                 environment. The data collected from these studies would serve to


                                                   V-31









            document the Bay's value as a productive ecosystem and focus for
            public recreation and provide the basis for estimating the effects,
            if any, of present and future land-use practices on the Bay's

            resources.

                Additionally, an historical context study, including a general
            literature search, will be conducted to identify probable
            historical, archeological and paleontological sites within the

            Sanctuary. This research will be followed by a field

            reconnaisance-type remc:e sensing survey and archeological

            assessment to locate and evaluate the extent to which historical

            and cultural resources are based in the Sanctuary. These baseline

            cultural and historical resource studies will pr6vide the

            fundamental information necessary for developing a cultural and

            historical resource management strategy and education/

            interpretation program for the Sanctuary.

                The recently constructed Stanton Center will provide a new

            maritime museum and history center in Monterey. It will provide

            separate exhibit areas, a workshop for ship building and
            restoration and a research library. Coordination with this

            institution will enhance the publics awareness as well as the
            efforts of the Sanctuary to protect and research important

            historical and cultural resources.



                      2. Monitoring
                 Effective management requires a data base more comprehensive
            than simply the number of plants, animals, and geologic, physical


                                            V-32










                and chemical elements within the Sanctuary. It requires an

                understanding of long-term chaziges to the sicatus, of the resources

                and their environment. Monitoring provides such understanding.

                Monitoring data indicative of the relative health of resources can

                be used to detect ecological chanqes and trends. This program

                should include pollution monitoring studies and studies to monitor

                the population dynamics of species inhabiting the benthos and water

                column of Monterey Bay's intertidal zone, canyons and continental

                shelf. Changes in the relative distribution of these species could

                indicate the existence of.natural or man-caused threats to Bay

                resources. A three@-phase monitoring program has been initiated at
                the neighboring Elkhorn Slough National Estuarine Research Reserve.
                This program can be coordinated and developed in concert with a
                program suitable for the Monterey Bay National Marine Sanctuary.
                    The resources of Monterey Bay are exposed to many different
                types of threats. Research and monitoring needs could be ranked
                according to the perceived maqnitude of the threat. Among the
                threats to the Bay resources are: oil and gas activities as well as
                discharges from the land and ocean including point source (sewage
                treatment plants, combined sever overflows, etc.) and rhOn-point
                source (agriculture, marinas, urban runoff, etc-) pollutants.
                Pollutant loading into the Sanctuary can occur indirectly via land
                runoff from rivers, or the atmosphere and directly from man's
                activities such as ocean dumping, outfall pipes or vessel

                discharges.
                     Many activities and phenomena in the Bay warrant long-term


                                                V-33










            investigation and monitoring. For example studies could be
            implemented to monitor the ef fects of (1) commercial vessel traf f ic
            in the area; (2) recreational activities, such as the use of jet-
            skis, hovercraft, and small power boats (thrill craft); (3) changes
            in the abundance and proportions of adult to juvenile invertebrates
            and fish larvae; (4) fluctuations in the abundance of whale,
            pinniped and seabird species in the Sanctuary; (5) the intensity
            and relative importance of sport fishing, commercial fishing and

            nature observation activity; (6) biological input of organics and

            fecal coliforms from pinnipeds at Mo Nuevo; (7) effects of natural

            .versus man-induced (i.e., sand mining) erosion and sedimentation;

            (8) fate of enteric pathogenic bacteria in Monterey Bay and West

            Coast waters in general; and (9) fishery/mammal interactions, such

            as the by-catch of sea otters and birds in gill nets, and the

            competition between sport divers and otters for abalone.

                 In general the monitoring data needs to be collected and
            analyzed in a manner so that it is widely applicable and provides
            timely and pertinent information for academic, management and
            educational purposes. Status and trends of contaminants in
            Monterey Bay is presently underway with the NOAA and State Water
            Resource Control Board Mussel Watch Programs. Howeverf there is a
            need for before, during and post-hydrocarbon activity monitoring
            and toxicological assessments. These studies should be directed at
            all trophic levels of concern including planktonf algae, fisheries,
            invertebrates, mammals, and birds. Recently a monitoring program
            has been initiated by Minerals Management service (MMS) for


                                             V-34









                hydrocarbon activities in Southern California (MKS, 1988). A
                similar study should be considered if future Lease Sales are

                considered in the central California area.

                    Coastal stations, as well as offshore data buoys maintained by
                NOAA and MMS, presently measure wind, sea level, temperature, and

                other air and sea parameters. Data from these sites can be used

                for research, management, enforcement and rescue programs..

                However, continuous monitoring and rapid dissemination of

                information is essential to permit a timely and effective response

                by personnel to constantly changing environmental conditions and

                threats.

                     overall the monitoring program will assist in our

                understanding of the general health of the Bay. It could help

                discover sources of pollutants and assist in the establisbment of

                cause and effects relationships as part of long-term toxicological

                evaluations. It could also elucidate the changing patterns, and

                magnitudes of input of contaminants. Finally th e monitoring
                program will carefully address the issue of vhat to do with the
                data and how to apply the findinO for basic sciience as well as

                academic, education and applied management purposes-



                          3. Predictive Studies
                     In addition to, baseline research and monitoring, the Sanctuary
                research program will continue studies, as needed, to analyze the
                causes and consequences of ecosystem changes, and predict their
                effects on new and more intense human activity in the area. Unlike


                                                V-35









           the monitoring program these predictive studies are envisioned to
           be more short-term and directly targeted to an immediate management
           issue. Studies could be made to determine the effects on marine
           mammals of possible increases in boating activity if heightened
           interest in whale watching and fishing excursions results from

           Sanctuary establishment. A knowledge of these effects would enable

           management to provide information to Sanctuary users to avoid
           disturbing these animals unnecessarily.

                other studies of whales, pinnipeds and seabirds in the

           Sanctuary could be initiated to determine their range, where they

           come from, and how dependent they are on the food resources of the

           Bay. These studies should be closely tied into similar studies

           conducted in the GFNMS and Aft Nuevo research programs. One such

           study, for example, might be an investigation to determine (1)

           whether the decrease in Steller sea lions in the Farallon and

           Channel Islands can be attributed to a decline in prey availability

           and compare the results to a similar study on the relatively stable

           Stellar sea lion population on Aft Nuevo and; (2) the importance of
           the Monterey Bay fish stocks in sustaining the Steller sea lion

           population.
                Other areas of predicitve studies include the development of
           adequate circulation models that would be used for pollutant
           tracking, emergency response procedures, stock management etc.
           Development of realistic computer models, when updated with direct
           environmental measurements, could assist directly with all of the

           managment issues mentioned above.


                                           V-36













                     D. Selection and Management of Research Projects

                     To ensure that projects considered for funding by the SRD are
                directed to the resolution of Sanctuary management issues and

                concerns, the Sanctuary Manager, the SAC and the SRD, will follow

                procedures developed by the SRD, to ensure that the Sanctuary's

                research program is consistent with overall Program policies and

                directions. These procedures include: (1) preparing an annual

                Sanctuary Research Plan (SRP) and (2) monitoring the progress of

                research in the Sanctuary. To some degree, the research program

                for the MBNMS will be coordinated vith the research and monitoring

                program at the Elkhorn Slough National Estuarine Research Reserve.



                          1. P eparing an Annual Plan

                     Each year a Sanctuary Research Plan (SRP) will be prepared for
                the MBNMS. The SRP will then be incorporated into a national plan
                which includes annual plans for each Sanctuary.    SRD is currently
                preparing the steps involved for the annual planning process and
                the announcement of requests for proposals.
                     If research proposals include activities that are prohibited
                by Sanctuary regulations a permit may be issued by NOAA upon
                application by researchers or, it may be determined that all or
                part of the research should be conducted outside of the Sanctuary.
                Research on specially protected or endangered species, such as the
                brown pelican and certain marine mammals, may require additional
                research permits from other agencies.


                                                 V-37














                     2. Monitoring Progress

                The Sanctuary Manager will monitor the performance of research

           projects and keep records of all research underway, equipment being

           used on site, frequency of researchers' visits, and progress to

           date. SRD funded researchers will be required to submit progress

           reports and final reports to the SRD and Sanctuary Manager to

           ensure conformance to schedules outlined under the terms of the

           contract. Final reports may be reviewed by recognized scientists

           and resource managers before approval by the SRD. Outstanding
           project reports will.be published by the SRD in its Technical

           Report Series.



                     3. Information
                To complement directly funded research, the SRD will encourage
           research funded from other -sources particularly where it supports
           Sanctuary management objectives. In this regard, the SRD will make
           available to other agencies and private institutions current
           Sanctuary resource data obtained from past and ongoing research

           projects.















                                            V-38











                IV. Section     Education

                     A. Introduction
                     Sanctuary designation could provide local governments,
                businesses, citizen groups, farmers, fishermen, tourists and
                existing institutions, information and techniques to protect the
                natural environment of Monterey Bay. Increased public
                understanding and appreciation of the value of Monterey Bay
                resources is essential for their protection. The interpretive
                program for the MBNMS will be focused on improving public awareness
                of the Sanctuary and providing information on Bay resources and
                -Sanctuary regulations designed to protect them. Such efforts,are.
                intended to also encourage volunatary compliance with the Sanctuary
                as well as other existing regulations designed to protect the

                Monterey Bay area.



                     13,. Goals

                     The education program should be directed to improving public

                awareness and understanding of the significance of the Sanctuary

               .and the need to protect its resources and qualities. The

                management objectives designed t1m meet this 9G&1 are to:

                     Provide the public 'With information on the Sanctuary and its
                     goals and objectives, with an emphasis on the need to use
                     these resources wisely to ensure their long-term viability;

                     Broaden support for the Sanctuary and Sanctuary management bY
                     offering programs suited to visitors with a range of diverse
                     interests;

                     Provide for public involvement by encouraging feedback on the
                     effectiveness of education programs and collaborate with other
                     organizations to provide interpretive services, including
                     extension and outreach programs and other volunteer projects,

                                                V-39










                 complementary to the Sanctuary program;
                 Collaboration with Sanctuary management staff in extension and
                 outreach programs, and participation in other volunteer
                 programs;

                 Incorporate research results into the interpretive/education
                 program in a format useful for the general public; and
                 Create public awareness of the entire Nation-wide Sanctuary
                 Program, its purposes and intent and the role of the Monterey
                 Bay NMS as part of a larger system.


                 C. Educational Opportunities

                 opportunities for interpreting the MBNMS fall into two broad

            categories: 1) education for local visitors and potential users of

            the Sanctuary, including; school groups and teachers, fishermen,

            boaters, divers, etc., as well as education for visitors at local

            information centers and at the Sanctuary headquarters; and 2)

            interested groups not visiting either location but who desire to

            learn more about the Sanctuary's resources and qualities. Below is

            a description of the educational programs that the Sanctuary will

            develop to maximize these opportnities.
                 For example, the diversity of :.abitats and communities, the
            un ique Monterey Canyon, and the overlap of human uses of the
            resou rces such as fisheries present unique opportunities for
            education. There are many potential vehicles for education
            including the highway pulloffs, existing State park, beach, refuge
            and reserve programs,' community colleges, university extension
            programs, and boat tours. The large numbers of visitors to the
            area (for example, 1 - 2 million yearly on the Big Sur coastal
            highway) is a potential "market" for educational information in


                                            V-40










                addition to local residents and agencies.

                    The Monterey Bay Aquarium in monterey, the AAo Nuevo

                facilities, and the Elkhorn Slough NE11R, as vell as other State and

                private educational facilities such as Point Lobos, Point Lobos

                Natural History Association, Big Sur, and university programs add

                an exciting, existing dimension to interpretation of the proposed

                Sanctuary area, and present a great opportunity for presentation of

                information on the proposed Sanctuary program.

                    As well as established facilities there are a number of

                locations throughout the Sanctuary's coastal area that present

                additional opportunities for educatimal and intexpretive services

                for visitors to the area. For example the Pigeon Point Lighthouse,

                Davenport, Wilder Ranch, Pt. Santa Cruz and New Brighton/Seacliff
                Pier already provide education opportunities on a variety of
                cultural, historical and fishing subject areas. Waddell Creek,
                Moss Landing State Beaches, Carmel/Stillwater and the Pt. Sur
                Lighthouse are all excellent recreational sites for windsurfing,
                sportdivinq, whalevatchinq, surfing and sportfishing. Big Basin,
                Natural Bridges State Park, IFew grightan Beach, Wass Landing State
                Beach, Salinas River National Refuge, Asilomar and the area between
                Lover's Point to Pebble Beach are areas of easy public access for
                nature viewing and intertidal, coastal and estuarine ecology
                education. Finally, Santa Cruz Pier and Harbor, Capitola Wharf,
                manresa/Sunset Beach,.moss Landing Harbor, Marina, Monterey Harbor
                and Piers, Coast Guard Breakwater and Carmel Beach are all
                excellent locations to establish signs and displays. These


                                                V-41









           educational displays would provide visitors, residents and users of
           the Sanctuary with a brief description of the Sanctuary's resources
           and uses. The signs could also outline the objectives and goals of
           the National Marine Sanctuary Program and specifically educate the
           public regarding the Monterey Bay National Marine Sanctuary
           regulations.



                D. Educational Programs

                Education for the MBNMS will consist of three distinct sub-


           programs:

                Site visitor programs and information for regular users such
                as fishing and whale watching excursions, other recreational
                visitors to Sanctuary waters and local public and school
                groups;

                Information center programs for those visiting the facilities
                at the MBNMS headquarters and other nearby information
                centers; and

                outreach programs for interested groups not visiting the
                Sanctuary.

                It should be noted againj however# that many of these programs

           will be carried out in coordination with programs already sponsored

           by.existing interpretative programs.



                      1. site visitor Programs
                Whale watching and other nature viewing at Monterey Bay is
           generally incidental to sport fishing from excursion boats, but
           there is a potential  .for excursions solely for the purpose of
           nature viewing. Nature enthusiasts visiting Monterey Bay have the
           opportunity to enjoy watching sea lions, harbor seals, sea otters,


                                            V-42









                porpoises and Grey whales as well as the large flocks of seabirds
                that f eed in Bay waters. Brochures and educational -materials will
                be made available to fishermen and nature viewers to make them

                aware of Sanctuary regulations, particularly with regard to waste
                disposal, and to inform them about the seabirds and marine mammals

                that may be seen in the sanctuary and the rich ecological

                communities lying beneath its waters.

                     on-site education pXovided by the MBNMS manager will consist

                largely of written material describing the Sanctuary and explaining

                its regulations. This information will be available to the wide

                variety of recreational users and tourists who visit the area. The

                program will actively coordinate with existing educational

                programs. If there is sufficient public interest and if funding

                and staff resources are available for expanding this program, the

                Sanctuary Manager will consider co-sponsoring special excursions to

                Monterey Bay waters, organized by non-profit organizations, and

                providing on-board interpreters.



                          2. Information Center Prggrams

                     The establishment of a Sanctuary headquarters in the area and

                the existence of other visitor and information centers along the
                coast provide an opportunity to inform visitors to these sites
                about the Monterey. Bay environment. Many of these visitors would
                not normally visit Monterey Bay; yet, given the opportunity to see
                educational exhibits and brochures about the Sanctuary at these
                centers, their appreciation for the special qualities of the   Bay


                                                 V-43








           environment should be enhanced. The feasibility of establishing
           additional distribution points for brochures and information and
           space for posters and displays will be investigated.
                There are geographically distributed educational/interpretive
           programs that present a range of opportunities for users to gain an
           appreciation of the marine environment. To a large extent these

           programs are not coordinated.

           Aho Nuevo State Reserve: The University of California, Santa Cruz,
           has a visiting schools program, and its The Environmental Studies
           Internship Program is involved in the Aho Nuevo docent program
           which trains guides. CDP&R has a popular program providing guided
           walks to observe the pinnipeds and all other aspects of the natural

           history of the reserve. Emphasis is on the growth of the elephant

           seal population, and pinniped ecology. An improved visitor center

           is being planned and the area attracts approximately 140,000

           visitors/year.
           California Sea Otter Game Refuge (Central Coast of California): At

           present the Refuge does not have an educational program dedicated

           to the California Sea Otter.

           California State Park System: The State parks, beaches, historical
           parks and reserves offer public access to the shoreline throughout
           most of the study area. Access is only difficult along the Big Sur
           shoreline. There are-only a limited number of educational programs

           considering the rich marine resources.
           Carmel Bay Ecolggical Reserve: This area is used by researchers#
           sport-fishermen and sport divers.


                                           V-44










                Elkhorn Slough National Eat---uarine Research Reserve: on-site
                management provided by CDF&G which shares overall management
                responsibility with NOAA (Sanctuaries and Reserves Division). The
                site and visitor center provide visitors with numerous marine and
                esturarine interpretetive exhibits. Docent guided tours of the
                site are available year-round and the Elkhorn Slough Foundation
                faciliates the use of the site as an outdoor research laboratory as
                part of the National Estuarine Research Reserve System.
                Hopkins Marine Life Refuge (Pacific Grovel.: This area is primarily

                used by researchers.

                Long Marine Laboratories AMarium and Museum (Santa Cruz): Presents

                program and docent led tours of research facilities.
  0             Monterey Bay Aquarium: Presents programs dealing with all facets
                of the proposed Sanctuary environment. The goal of the aquarium is

                to "stimulate interest, increase knowledge and promote stewardship

                of Monterey Bay and the world's ocean environment through

               .innovative exhibits, public education and scientific research".

                Based on the theme of babitats, of gvnterey Ilay, the Aquarium

                exhibit program offers visitors a first-hand look into the world of

                these diverse undersea communities. On-site school, outreach and

                teacher education programs provide information to approximately

                loo,000 school children and 1,300 teachers per year.
                moss Landing Marine Laboratories: Holds an open house each year to
                present ongoing research. In addition, programs are offered to

                school groups.
                Natural History Museum in Santa cruz: Provides visitors with


                                                V-45










           information on the marine environment. The Environmental Studies
           Internship Program at UCSC provides coordination of many of the
           site's programs.

           Natural Bridges State Park: Provides tide pool tours to school

           groups.

           Pacific Grove Marine Gardens Fish Refuge: Primarily used for

           recreation, especially diving.

           Pacific Grove Natural History Museu : Provides visitors with

           information on the marine environment.

           Point Lobos State Reserve: A small educational program is

           conducted and some guided walks are available. School groups are

           encouraged to visit Asilomar State Beach rather than Point Lobos.

           Santa Cruz Port District: Provides interpretive educational

           programs with approximately 50 tours/year and programs are to be

           expanded.



                     3. Outreach Prggrams
                Finally, the MBNMS educational program will try to reach
           groups in the coastal region of California and elsewhere who have
           an interest in Monterey Say and related areas, but are not apt to
           visit the area. This project entails identifying these groups and
           making educational materials and presentations available to them.
                These programs will be carried out in conjunction with similar
           local programs to provide off-site education. Where possible, they
           will involve close cooperation with environmental study groups such
           as the Sierra Club, Center for Marine Conservation, Amercian


                                           V-46









                Cetacean Society (National and the 14onterey Bay Chapter), Audubon
                Society, Friends of the Sea Otter, and the Whale Center; research
                and education organizations, such as the California Academy of
                Sciences, the University of California and the Pescadero Marsh

                Natural Reserve; local officials in Monterey, Santa Cruz and San

                Mateo counties; the State Sea Grant Program and the Association of

                Monterey Bay Governments (AMBAG) and representatives of the tourism

                and recreational and commercial fishing industries. These groups

                will be provided with educational materials on the Sanctuary and

                will be encouraged to inform others of the availability of these

                materials. If interest is stronq enough, a slide presentation or

                mobile exhibit may be developed for the use of &@hools and private

                groups.




































                                                 V-47












            V. Section:   Administration

                A. Introduction

                This section of the management plan describes the

            administrative roles of the agencies that will be involved in

            Sanctuary management, proposes strategies to coordinate their

            activities, and provides for periodic evaluation of the

            effectiveness of the management plan. Sanctuary management

            consists of four functions: resource protection, research,

            education, and administration. Administration oversees all other

            functions and establishes who is responsible for implementing

            specific programs. The administrative framework ensures that all

            management activities are coordinated.

                The SRD is responsible for the overall management of the
            proposed MBNMS. The SRD will coordinate its on-site activities
            through cooperative agreements with the State, regional, local and
            other Federal agencies. The general administrative role of each

            agency is as follows.



                      1. Sanctuaries and Reserves Division

                The National Marine Sanctuary Program is managed by the SRD.
            A site-specific management plan is prepared for each Sanctuary to
            ensure that on-site activities in resource protection, research,
            and education 'are coordinated and consistent with Sanctuary goals

            and objectives.
                 The SRD develops a general budget, setting out expenditures
            for program development, operating costs, and staffing. Funding

                                            V-48








                priorities will be reviewed and adjusted annually to reflect
                evolving conditions in the proposed MBNMS and National Marine
                Sanctuary Program priorities and requirements. The SRD also
                establishes policies and procedures in response to specific issues
                in each Sanctuary. Detailed SRD responsibilities are listed under
                the resource protection, research, education, and general
                administration sections which follow.

                     The Sanctuary Manager for the MBNMS reports directly to the
                SRD. In this capacity, the Manager represents the SRD and is  the
                primary spokesperson for the MBNKS. The Sanctuary's headquarters
                will be located in the Monterey 84y req!xm. 1@is Manager will serve
                on the Elkhorn Slough National Estuarine Research Reserve Advisory
                committee, assuming the.role formerly filled by the Gulf of the

                Farallones NMS Manager.



                          2. Sanctuary Advisory Committee

                     The National Marine Sanctuary Program is different from other

                special area managesent, progran because Sanctuaries are to be

                .managed for research and education as well as for resource

                protection. In addition, sevp-ral agencies and interest groups are

                involved with the Sanctuary's management. Accordingly, a mechanism

                to assist the interested groups in participating in Sanctuary
                management will be. developed. The Sanctuary Advisory committee
                (SAC) will be established'to provide this management function.
                     The sanctuaries and Reserves Division will determine the
                structure, composition and functions of the SAC in accordance with


                                                V-49










           the procedures specified by the Federal Advisory Committee Act

           (FACA) (Appendix A).

                All interested groups and agencies will be consulted to ensure

           that the SAC takes all interests into account and that the

           committee is representative of a broad based constituency to ensure

           that the Manager has a broad information base upon which to make

           any management decisions.   The experience and expertise of the SAC

           will be available to the Manager on an ad hoc basis as well as

           during regularly scheduled meetings. In order to function

           efficiently in an advisory capacity it may be beneficial to

           subdivide the SAC into subcommittees that correspond to the

           resource protection, research, education and general administration

           issues. Detailed SAC responsibilities are listed under the

           resource protection, research, education and general administration

           sections which follow.



                     3. Federal Agencies
                The USCG is responsible for enforcing Federal laws in waters
           under U.S. jurisdiction. This mission includes the enforcement of
           Sanctuary regulations promulgated for the MBNMS. The USCG also
           manages operations for the control or removal of oil and hazardous
           substances resulting from offshore spills. In addition to
           enforcing fishing and-vessel discharge regulations, the USCG is
           also responsible for regulating vessel traffic, maintaining boater
           safety, and coordinating search and rescue operations.
                 The United States Fish and wildlife Service and National


                                            V-50










                Marine Fisheries Service (NMFS) also have existing management and
                enforcement capabilities in the proposed Sanctuary area with

                regards to fisheries, marine mammals and endangered species.

                     The EPA has regulatory responsibilities with regard to sewage

                outfalls, and ocean dumping.   EPA has delegated discharge

                permitting authority to the State government.

                     The Corps of Engineers grant permits that are based on EPA

                guidelines for the discharge of dredged materials into State

                waters. The Corps has sole jurisdiction over marine construction,

                excavation or fill in any navigable waters of the United States.

                     The United States Army and Navy both conduct military training

                activities in the proposed Sanctuary area.



                          4. state, regional and local agencies
                     The Monterey Bay area already has an infrastructure for
                coastal resource management and numerous personnel with enforcement
                training as well as wide experience with the resources and user
                groups within the propmsed Sanctuary area. in general NOAK will
                work closely within the existimg administrative framework of State,
                regional and local resource management agencies such as the State.
                of California's Resources Agency, which is responsible for the
                management and enforcement at the variety of State parks, beaches,
                refuges and reserves- other California state agencies with
                existing primary jurisdiction in the area of Monterey Bay are: the
                Coastal commission, the Regional Water Quality Control Boardt the
                State Lands Commissiono the Air Resources Board and the Historical


                                                V-51













           Resources Commission.

                It is NOAA's intent to work closely with the State to ensure
           full Federal-State cooperation and to coordinate the Sanctuary
           program effectively with the existing State administrative

           framework. This cooperation will involve the formalization of

           Cooperative Agreements, Memoranda of Understanding and deputization

           of officials, if necessary, for enforcement purposes.

                NOAA will also cooperate with regional organizations such as

           the Association of Monterey Bay Area Governments (AMBAG), local

           fishery organizations and Harbor Masters as well as with the Cities

           of Monterey, Santa Cruz and Moss Landing.

                To facilitate the administrative procedures regarding

           certification and notification of leases, licenses, permits,

           approvals, rights or other authorizations (as described above, Part

           II, Section III, B.2. Designation Document and Regulations), NOAA

           intends to work closely with the owners or holders of, or
           applicants for, leases, licenses, permits, approvals, rights or
           other authorizations as well as with the appropriate issuing
           agencies. The Sanctuary Manager will also work with AMBAG to
           receive notices of activities that may affect the proposed
           Sanctuary. For example, the AMBAG Regional Metropolitan
           clearinghouse for activities of regional significance would serve
           to assist in establishing increased local government involvement

           with the proposed Sanctuary.






                                            V-52











                      B. Resource Protection: Roles and Responsibilities

                          1. Sanctuaries gnd Reserves Division

                 (a)  Approves priorities for funding for resource protection and
                      monitors and maintains a record of research activities within
                      the Sanctuary;

                 (b)  Monitors the effectiveness of interagency agreements for
                      surveillance and enforcement and negotiates changes where
                      required;

                 (c)  Develops contingency and emergency-response plans and, based
                      on these plans, negotiates applicable interagency agreements;

                 (d)  Monitors the effectiveness of existing Sanctuary regulations
                      and promulgates changes where necessary; and

                 (e)  Coordinates efforts 'to protect and manage Sanctuary resources
                      with other Federal, state, regional aind local agencies and
                      with public and private organizations as well.

                          2. Sanctuary Manage

                 (a)  Recommends to the SRD priorities for allocating funds annually
                      to resource protection, considering the advice of the SAC to
                      ensure consistency with Sanctuary regulations and provide
                      adequate resource protection;
                 (b)  Assists in the coordination of surveillance and enforcement
                      activities by providing liaison with the Federal, state,
                      regional and local agencies;
                 (c)  Reports regularly to the SRD on surveillance and enforcement
                      activities, violations, and emergencies;
                 (d)  Provides information for use in traLaing Sanctuary enforcement
                      officials;
                 (e)  Monitors and evaluates research activities Vithin the
                      Sanctuary, and the adequacy of emergency-response plans and
                      procedures in the Sanctuary;
                 (f)  Maintains a record of research activities within the
                      Sanctuary, an'd emergency events (e.g., oil spills) in and
                      around the Sanctuary; and
                 (g)  Evaluates overall progress toward the resource protection
                      objectives of the Sanctuary program and prepares semi-annual
                      and bi-monthly progress reports highlighting activities for
                      the SRD.



                                                 V-53











                     3. SanctuaM@ Advisory Co    ittee
            (a)  Advises the Sanctuary Manager on the effectiveness of
                 interagency agreements for surveillance and enforcement and;
            (b)  Advises the Sanctuary Manager on the effectiveness of the
                 sanctuary regulations in providing adequate resource
                 protection.

                     4. Federal Agencies

            (a)  USCG holds broad responsibility for enforcing all Federal laws
                 throughout the Sanctuary;

            (b)  USCG ensures enforcement of Sanctuary regulations;

            (c)  USCG provides on-scene coordination and Regional Response
                 Center facilities under the National Contingency Plan for the
                 removal of oil and hazardous substances in the event of a
                 spill that threatens the Sanctuary;

            (d)  NMFS works with the CDF&G, under the Magnuson Fishery
                 Conservation and Management Act (MFCMA), on approving and
                 enforcing Fishery Management Plans (FMPs) prepared by regional
                 fishery management councils to ensure protection,of fishery
                 resources;

            (e)  NMFS shares responsibility with the FWS for implementation of
                 the Marine Mammal Protection Act and the Endangered Species
                 Act to prevent taking of any endangered, threatened or
                 otherwise depleted species;

            (f)  EPA has regulatory responsibilities with regard to sewage
                 outfalls (under the Clean Water Act via National Pollutant
                 Discharge Elimination System (NPDES) Permits), and ocean
                 dumping (under Title I of the Marine Protection, Research, and
                 Sanctuaries Act) to protect water quality;

            (g)  The Corps of Engineers (COE) grants permits that are based on
                 EPA guidelines for the discharge of dredged materials into
                 State waters. Pursuant to the Rivers and Harbors Act, a
                 permit must be obtained from the COE prior to any marine
                 construction, excavation or fill activities in any navigable
                 waters of the United States (33 U.S.C. 403). The COE may
                 refuse to issue permits on the basis of a threat to navigation
                 or potential adverse effects on living marine resources.
                      5. state. regional and local agencies
            (a) California Department of Fish and Game (CDF&G) responsible for
                 managing living resources and enforcement of state laws and
                 regulations throughout the Sanctuary;

                                            V-54








                (b)   CDF&G is deputized to enforce specific federal laws throughout
                      the Sanctuary (e.g., the Endangered Species Act, MFMCA);
                (c)   CDF&G and California Department of Parks and Recreation
                      (CDP&R) evaluate progress towards management objectives for
                      resource protection and adjust annual priorities accordingly;
                (d)   CDP&R has established an Underwater Parks Program which is
                      managed in conjunction with CDF&G to protect special marine
                      resources and water-based recreational values in ocean waters
                      within state jurisdiction.
                (e)   CDP&R is responsible along with the U.S. Forest Service for
                     .the management of the Los Padres National Forest.
                (f)   CDF&G and CDP&R monitors the effectiveness of State
                      regulations within the Sanctuary and considers recommended
                      changes to the State regulations through the State Legislature
                      and Governor of California's office;

                (g)   CDF&G monitoring and surveillance of fisheries resources
                      (populations) through port sampling and marine
                      contamination through mussel watch program;
                (h)   CDF&G provides on-scene coordination of State clean-up
                      response in the event of an accidental spill of oil or
                      hazardous materials which threaten the State's fish and
                      wildlife resources;

                (i)   California Coastal Commission (CCC) under the California
                      Coastal Act of 1976 establishes a comprehensive set of
                      specific policies and issues permits for the protection of
                      coastal resources and the management of orderly economic
                      development throughout the coastal zone;

                (j)   The State Lands ComiSsiOn (,SLC) has jurisdiction over all
                      state ovned lands and submerged lanft. SLC has adopted
                      regulations for the protection &M u    of public trust lands
                      in the coastal zone,*

                (k)   State Water Resource control Board (SWRCB) and the ni  ne
                      regional water quality control boards (RwQCB) have primary
                      authority for regulating water quality in California. The
                      authority to administer the NPDES permits has been delegated
                      by EPA to the SWRCB and by the State to the Regional boards;
                (1)   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
                      @ational Ambient Air Quality Standards and delegated their
                      implementation to local Air Pollution Control Districts
                      (APCDs); and

                                                 V-55








                 California Historical Resources Commission is the State agenc
                 responsible for the preservation of representative and uniquey
                 archaeological, paleontological, and historical sites in the
                 land and water areas of the state.
            (n)  AMBAG is a council of governments with volunteer membership
                 includes membership from Monterey and Santa Cruz counties, 15
                 cities and Fort Ord, representing the collective interest of
                 the region for the protection of Monterey Bay and its unique
                 coastal and marine resources.

                 C. Research: Roles and ResRonsibilities

                     1. Sanctuaries and Reserves Division

            (a)  Reviews annual Sanctuary Research Plan's (SRP's) for each
                 Sanctuary;

            (b)  Prepares an annual National Research Plan (NRP) and budget,
                 based on the SRP's of individual Sanctuaries and in accordance
                 with priorities determined at the National level;

            (c)  Sets dates for procurement based on the NRP;

            (d)  Administers interagency agreements for cooperative funding for
                 reseach;

            (e)  Reviews all interim and final research reports submitted by
                 the Sanctuary Manager; and

            (f)  Issues permits for research activities, considering the
                 recommendations of the Sanctuary Manager, to ensure
                 consistency with Sanctuary regulations and provide additional
                 technical review where necessary.

                     2. Sanctuary Manager

            (a)  'Recommends generic areas of research to resolve management
                 issues and prepares assessments of research needs and
                 priorities based on management requirements and research
                 continuity;
            (b)  Develops and implements the Sanctuary Research Plan (SRP);
            (c)  Reviews research.documents and progress reports submitted by
                 contractors;
            (d)  coordinates research and monitoring activities in the
                 Sanctuary in cooperation with the SRD# the SAC and other
                 interested agencies or parties; and
            (e)  Coordinates and oversees the on-site process for reviewing,

                                            V-56








                      recommending for approval, monitoring and research proposals
                      and permit requests, considering the views of the sRD,
                      Sanctuary Advisory Committee, concerned individuals and
                      interest groups and submits recommendations to SRD on the
                      issuance of Sanctuary research permits.

                           3. Sanctuary Advisory Committee
                 (a)  Advises the Sanctuary Manager on review of research proposals,
                      interim, and final reports;
                 (b)  Advises the Sanctuary Manager on approval of proposals for
                      research in the Sanctuary;
                 (c)  Advises the Research Coordinator and the Sanctuary Manager on
                      priority research needs; and

                 (d)  Advises the Sanctuary Manager on the issuance of research
                      permits.

                      D. Education: Roles and Responsibilities

                           1. Sanctuaries and Reserves Division

                 (a)  Reviews and approves the list of annual priorities for
                      education and the annual education budget prepared by the
                      Sanctuary Manager;

                 (b)  Reviews and approves design proposals for all educational
                      facilities;

                 (c)  Reviews all educational materials prepared for the Sanctuary;

                 (d)  Evaluates progress toward accomplishing objectives for
                      education and adjusts long-term priorities accordingly; and

                 (e)  Issues Sanctuary education permfts, considering the
                      recommendations of the Sanctuary Hanager, to ensure compliance
                      with Sanctuary regulations and provide additional technical
                      review where necessary.

                           2. Sanctuary Manager
                 (a)  Recommends annually to the SRD a list of priorities and an
                      annual budget for education;
                 (b)  Prepares and circulates as required Requests For Proposals
                      (RFP) for educational projects;
                 (c)  Supervises the design and production of educational materials
                      and facilities for the Sanctuary;



                                                V-57










              (d)   Provides training for State staff assigned to the Sanctuary;
              (e)   Encourages local and regional organizations to participate in
                    Sanctuary education;

              (f)   Disseminates information about the National Marine Sanctuary
                    Program and the Sanctuary; and

              (g)   oversees the development of any facilities constructed for the
                    Sanctuary, reviews site analyses and design specifications,
                    makes recommendations as to construction and maintenance
                    contracts, and performs similar tasks and submits
                    recommendations to SRD, on the issuance of Sanctuary education
                    permits, considering the recommendations of the SAC; and
                    oversees permitted education activities.

                         3. Sanctuary Advisory Committee

              (a)   Advises the Sanctuary Manager, in raising public awareness of
                    the Sanctuary and advises on the development of a local
                    constituency by means of brochures, presentations, structured
                    events articles for publication, and other activities
                    consistent with the management plan;
              (b)   Advises the Sanctuary Manager on how to establish and operate
                    combined MBNMS-Elkhorn Slough NERR information and education
                    facilities to increase public awareness and appreciation of
                    the resources of the Sanctuary; and
              (c)   Advises the Sanctuary Manager on the issuance of education
                    permits.


                    E. General Administration: Roles an_d Responsibilities

                         1. sanctuaries and Reserves Division
              (a)'  Ensures that the sanctuary is operated in a manner consistent
                    with established National program policies and with applicable
                    National and international laws and provides guidance to the
                    Sanctuary Manager;
              (b)   Identifies, analyzes, and resolves Sanctuary management
                    problems and issues;
              (c)   Formulates comprehensive, long-term management plans for the
                    Sanctuary and revises the management plan as necessary;
              (d)   Directs and assists the Sanctuary Manager in the
                    implementation of the management plan;                               te
              (e)   Coordinates Sanctuary management with other Federal.and Sta

                                                    V-58










                      agencies and private organizations;
                 (f)  Evaluates the effectiveness of Sanctuary management and.
                      regulatory measures,-

                 (g)  Prepares a program budget for the Sanctuary;
                 (h)  Provides funding for overall Sanctuary management and
                      administration;

                 (i)  Makes recommendations to the-Director of the Office of ocean
                      and Coastal Resource Management as to the issuance of National
                      Marine Sanctuary permits containing terms and conditions
                      deemed appropriate (including research and education permits,
                      see above), considering the recommendations of the Sanctuary
                      Manager, to conduct an activity otherwise prohibited by the
                      Sanctuary regulations if the activity will have only
                      negligible, short-term adverse effects on Sanctuary resources
                      or Sanctuary qualities and will: 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; 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;

                 (j)  Issues certifications, through OCRK, with terms and conditions
                      deemed necessary to achieve the purposes for which the
                      Sanctuary was designated, of pre-existing leases, licenses,
                      permits, approvals, or other authorizations, considering the
                      recommendations of the Sanctuary Manager, to conduct a
                      prohibited activity; and

                 (k)  issues terns and conditions, through OCRM, deemed necessary to
                      protect the SanctuarY resources and qualities on applications
                      for leases, licesumsF permits, approvals, or otber
                      author izaltions for Obi-P-Cts t1* issuancP- Of. such
                      authorizations), considering the-           ations of the
                      Sanctuary Namqer, to conduct & prohibited activity.

                           2. Sanctuarr Manaa9r
                 (a)  Coordinates on-site efforts of all parties involved in
                      Sanctuary activities, including State, Federal, local and
                      regional agen.c.iest Elkhorn Slough NERR and the public;
                 (b)  Reviews the management plan periodically and recommends
                      changes to the SRD as needed;
                 (c)  Assists the SRD in preparing the annual budget for the
                      Sanctuary;


                                                  V-59









            (d)  Oversees day-to-day operation of the Sanctuary, including
                 administrative functions such as bookkeeping, purchasing and
                 keeping records of visitor activities;
            (e)  Supervises Sanctuary staff and other personnel, including
                 enforcement and interpretive employees assigned to the
                 Sanctuary;

            (f)  Represents the Sanctuary viewpoint on local issues and at
                 public forums;

            (g)  Submits recommendations to SRD on criteria and terms and
                 conditions for National Marine Sanctuary permits,
                 certifications and applications for leases, licenses, permits,
                 approvals, other authorizations, or rights to conduct a
                 prohibited activity.

                     3. Federal. State. Local and Regional Agencies

            (a)  Assist in the preparation and implementation of a
                 comprehensive, long-term management plan for the proposed
                 Sanctuary;

            (b)  Assist in the periodic review of the management plan; and

            (c)  Appropriate issuing agency assists in the development of
                 'criteria and terms and conditions for certifications and
                 applications for leases, licenses, permits, approvals, other
                 authorizations, or rights to conduct a prohibited activity.

                     4. Sanctua     Advisory Committee

            (a)  Advises on the specific plans for Sanctuary developments;
            (b)  Advises on all proposals for activities within the Sanctuary;
            (c)  Advises the appropriate Federal, State or local government on
                 proposed actions, plans and projects in areas adjacent to or
                 affecting the Sanctuary;
            (d)  Enhances communication and cooperation among all interests
                 involved in the Sanctuary;
            (e)  Advises on rules and conditions for all forms of public
                 recreation;
            (f)  Advises on an overall plan for the use, development and
                 maintenance of Sanctuary lands and building; and
            (g)  Advises the Sanctuary Manager on recommendations to SRD on
                 criteria and terms and conditions for National marine
                 Sanctuary permitse certifications and applications of leases,

                                            V-60








                     licenses, permits, approvals, other authorizations, or rights
                     to conduct a prohibited activity.

                     F. Staffing Levels
                     Depending on the budget and personnel assigned to the Monterey
                Bay National Marine Sanctuary upon designation, staffing would
                include a NOAA manager, an assistant manager, administrative
                assistant, research coordinator, education coordinator and a joint
                position of an interpreter/enforcement official. Specialists in
                the fields of water quality and existing discharge permit
                procedures will also be necessary to assist with Sanctuary
                management of discharges into the proposed Sanctuary.   Sanctuary
                staff will work closely with the USCG, NMFS and other State and

                Federal agencies in providing enforcement and surveillance in the

                area of the proposed Sanctuary. The need for additional staff will

                be determined during the first two years of operation.


                         Head=arters and Visito r Center Faci.11ties

                     Sanctuary headquarters and administrative offices will be

                established at a suitable location within the Monterey Bay region.

                Areas being considered include the Cities of Nonterey, Noss Landing

                and Santa Cruz.


















                                                V-61






  0
                                          List of Preparers and Acknowledgments




















                                                        I


                                         I
  0











   9

                                                 VI-1













            PART VI: LIST OF PREPARERS


            TO BE COMPLETED

            Mr. Mark Murray-Brown - Program Specialist, Marine and Estuarine
            Management Division, NOAA. Mr. Murray-Brown was responsible for
            the overall supervision of this project and preparation of the
            draft and final EIS/MP and regulations. His academic background
            includes a Bachelor's degree in Biology from Bates College, ME; a
            Master's Degree in oceanography from the Graduate School of
            Oceanography, University of Rhode Island (URI), RI; and Master's
            Degree in Marine Policy from the Marine Affairs Department, URI.

            Mr. Joseph Flanagan - Environmental Protection Specialist, Ocean
            Minerals and Energy Division, NOAA. Mr. Flanagan was responsible
            for synthesising and collating the information and then writing
            Part II, Section II, which describes the resources and uses of the
            Monterey Bay area. His academic background includes a Bachelor's
            Degree in Geology and Chemistry from the University of Miami,
            Florida; and a Master's Degree in Environmental Systems Management
            from American University, Washington D.C.

            Ms. Vicki Nickols - Program Specialist   ..... Responsible for Volume
                      II Response to Comments.

            Mr. John McCleod

            ORCA/SEA: Dan Basta, Tom Culliton, Lisa Vollganeau, Mitch ????.

            Acknowledcments

                 The preparers would like to offer special thanks to Sonja
            Taylor for all of her patience and energy converting scrolls of
            illegible handwriting to pages of word processing output and
            Shirley Pippin for her help generating the mailing list. Stephanie
            Campbell, Ole Varmer, Mark Raflich and Ted Beuttler's legal advice
            is also gratefully acknowledged. Acknowledgment is hereby given to
            the Boxwood Press for its kind permission to use the cover
            illustration of a southern California sea otter.
                 Below is a partial list of-people, many of whom are from the
            Monterey Say area, who provided much of the information for this
            document. Their input was invaluable.
            J. Anderson, A. and S. . Baldridge, R. Barber, C. Baxter, L. Breaker,
            W. Broenkow, G. Cailliet, J. Cano, M. Colvin, M. Croom, W. Doyle,
            R. Felty, H. Greene, K. Gray, K. Greenbergf D. Haifley, J.
            Heimlich-Boran, P. Jagger, H. Kolb, J. Martin, M. Martin, A-
            Matthews, E. Melvin, LT. J. Morris, J. Nybakken, J. Oliver, N.
            Papadakis, W. Pierce, J. Rote, R. Saunders, S. Shane, M.
            Silberstein, J. Sobel, B. Stewart, L. Strnad, R. Tyler, K. Van
            Velsor, S. Webster, J. Wieland.

                                             VI-2











                   Lis t of Agencies, Organizations.-and Persons Receiving Copies
























































                                                 vil-i









           PART VII: LIST OF AGENCIES, ORGANIZATIONS, AND PERSONS RECEIVING
                      COPIES



           Federal Agencies

           Advisory Council on Historic  Preservation
           Department of Agriculture
           Department of Commerce
           Department of Defense
           Department of Energy
           Department of Health and Human Services
           Department of the Interior
           Department of Justice
           Department of Labor
           Department of Transportation - U.S. Coast Guard
           Environmental Protection Agency
           Federal Energy Regulatory Commission
           Marine Mammal Commission
           Nuclear Regulatory Commission
           Pacific Fishery Management Council

           Congressional
           Members of the U.S. House Committee on Merchant Marine and
           Fisheries
           Members of the U.S. Senate Committee on Commerce, Science and
           Transportation
           Honorable  Alan Cranston, United States Senate
           Honorable  Pete Wilson, United States Senate
           Honorable  Douglas H. Bosco, U.S. House of Representatives
           Honorable  Barbara Boxer, U.S. House of Representatives
           Honorable  Tom Lantos, U.S. House of Representatives
           Honorable  Nancy Pelosi, U.S. House of Representatives
           Honorable  George Miller, U.S. House of Representatives
           Honorable  Ronald V. Dellums, U.S. House of Representatives
           Honorable  Fortney H. Stark, U.S. House of Representatives
           Honorable  Don Edwards, U.S. House of Representatives
           Honorable  Ernie Konnyu, U.S. House of Representatives
           Honorable  Norman Y. Mineta, U.S. House of Representatives
           Honorable  Leon E. Panetta, U.S. House of Representatives
           Honorable  William M. Thomas, U.S. House of Representatives
           Honorable  Tony Coelho, U.S. House of Representatives











                                            VII-2












                California State Government and Agencies
                Air Resources Board
                Business, Transportation and Housing k9ency
                Association of Monterey Bay Area Governments
                California Coastal commission
                Pacific Marine Fisheries Commission
                The Resources Agency of California
                Department of Fish and Game
                Department of Parks and Recreation
                Department of Conservation
                Department of Transportation
                Department of Boating and Waterways
                State Water Resources Control Board
                Central Coast Regional.Water Quality Control Board
                Oakland-San Francisco Bay Regional Water Quality Control Board
                Monterey Peninsula Water Management District
                State Lands Commission
                office of Emergency Services
                Board Of Supervisors, San Mateo County
                Board Of Supervisors, Santa Cruz County
                Board Of Supervisors, Monterey County
                Native American Heritage Commission
                Department of Justice

                Natignal and Local Interest Grog-p-s

                American Association of Port Authorities
                American Bureau of Shipping
                American Cetacean Society
                American Fisheries Society
                American Gas Association
                American Petroleum Institute
                Amoco Production Company
                Atlantic Richfield Company
                Boating Industry AssociatiOn
                Center for Law and Social Policy
                center for Marine Conservation
                central California Diving Council
                Central Coast OCS Regional Studies Program
                chevron U.S.A.j Inc.
                cities Service Company
                Coastal Advocates
                Coast Alliance
                Conservation Foundation
                continental Oil Company
                The cousteau Society
                cZM Newsletter
                Defenders of Wildlife
                Edison Electric Institute
                El Paso Natural Gas Company.


                                                VII-3










           National and Local GrouRs (continued)

           Environmental Policy Center
           Environmental Defense Fund, Inc.
           Environmental Law Institute
           Exxon Company, U.S.A.
           Friends of the Coast
           Friends of the Earth
           Friends of the Sea otter
           The Greenpeace Foundation
           Gulf Oil Company
           Inverness Association
           League of Woman Voters
           Marine Technology Society
           The marine wilderness Society
           Mobil oil Corporation
           National Association of Conservation Districts
           National Association of Counties
           National Audubon Society
           National Coalition for marine Conservation, Inc.
           National Federation of Fishermen
           National Fisheries Institute
           National Ocean Industries Association
           National Parks and Conservation Association
           National Recreation and Park Association
           National Research council
           National Wildlife Federation
           Natural Resources Defense Council
           Natural Resources Law Institute
           Pacific coast Federation of Fisherman's Associations, Inc.
           Point Reyes Bird Observatory
           Sierra Club
           Stinson Beach Village Association
           Tomales Bay Association
           The Whale Center
           Underwater Society of America
           Union Oil Company
           water Pollution Control Federation
           Wilderness Society
           World wildlife Fund-U.S.
















                                           VII-4






  0                                                                      References










  0










   0

                                                 VIII-1












           PART VIII: REFERENCES

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          AMBAG (Association of Monterey Bay Area Governments). 1987.       Annual
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          Amoco Cadiz. 1980. Fate and Effects of the Oil Spill. Proceedings of
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          Anderson, M.E. and G.M. Cailliet. 1975. Occurrence of the Rare
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          Anderson, M.E., G.M. Cailliet, and B.S. Antrim. 1979. Notes On
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          Anderson and Labelle with MMS. 1990. "Estimated Occurrence Rates for
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          Baker, Ron, 1985, A Primer on Offshore operations. Published by
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          Baldridge, A. 1972. Killer Wha-I-es Attack and Eat a Gray Whale. J.
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          Baldridge, A. 1973. The Status of the Brown Pelican in the Monterey
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          Barham, E.G. 1956. The Ecology of Sonic Scattering Layers in the
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          Beardsley, R.C-j C.E. Dorman, C.A. Friehe, L.K. Rosenfeld and C.D.
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               California upwelling region. Journal of geophysical Rsearch.
               92:91467-1488.





                                              VIII-2










               Beck, R.H. 1910. Water Birds of the Vicinity of Point Pinos,
                    California. Proceedings of California Academy of Sciences, 4th
                    Ser., 3:57-72.

               Bigelow, H* B. and K. Leslie. 1930. Rec   'onnaissance of the waters
                    and plankton of Monterey Bay. bulletin of the Museum of
                    Comparaive Zoology, Havard College. 70:427-581.

               Boesch, D.F., et al.   1973. Oil Spill and the Marine Environment

               Bolin, R.L. and D.P. Abbott. 1963. Studies on the marine climate and
                    phytoplankton of the central coastal area of California, 1954-
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                    Progress Report, IX 1 July 1060 to 30 June 1962. Marine
                    Research Committee, California Department of Fish and Game,
                    Sacramento, CA pp.23-45.

               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, Ninerals Management service, U.S. Dept.     of
                    the Interior. OCS Study MKS 84-0044. 220 pp.

               Braham, H. and D.W. Rice. 1984. The Right Whale, Balaena
                    glacialis. Mar. Fish. Rev.46:38-44.

               Breaker, L.C. and C.N.K. Mooers. 1986. Oceanic Variability off the
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                    135.
               Breaker, L.C. and W.W. Broenkow. 1989. The Circulation of Monterey
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                    Tech. Pub. 89-1.
               Briggs, J.C. 1979. Marine Zoogeogwaphy. McGraw-Hill Series in
                    Population Biology.
               Briggs, K.T., W.B. Tyler, D.B. Lewis, and K.F. Dettman. 1983.
                    Seabirds of Central and Northern California, 1980-1983: Status,
                    Abundance, and Distribution. Center for Marine Studies,
                    University of California, Santa Cruz. 237pp.
               Briggs, K.T., and E.M. Chu. 1986. Sooty Shearwaters Off California:
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               Briggs, K.T., and E.W. Chu. 1987. Trophic Relationships and Food
                    Requirements of California Seabirds: Updating Models Of
                    Trophic Impact. Pp. 279-304 in J.P. Croxall (ed.), Seabirds:
                    Feeding Ecology and Role in Marine Ecosystems.      Cambridge
                    University Press, Cambridge.

                                                    VIII-3










         Briggs, K.T., W.B. Tyler, D.B. Lewis, and D.R. Carlson. 1987a. Bird
              Communities At Sea Off California: 1975 to 1983. Studies in
              Avian Biology No. 11, Cooper Ornith. Soc. 74pp.

         Briggs, K.T., D. G. Ainley, D.R. Carlson, D.B. Lewis, W.B. Tyler,
              L.B. Spear, and L.A. Ferris. 1987b. Final Report: California
              Seabird Ecology Study. Volume I: Feeding Ecology

         Brink, K. H. 1987. Coastal ocean physical processes. Contributions in
              Oceanograpy, U.S. National Report 1983-1986. American
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         Broenkow, W.W. and W.M. Smethie, Jr. 1978. Surface circulation and
              replacement of water in Monterey Bay, Estuarine and Coastal
              Marine Science. 6:583-603.

         Bureau of Land Management (BLM). 1980. Final Environmental Impact
              Statement, OCS Lease Sale No. 53, Vol. 1.

         Bureau of Land Management. 1979a. Final Environmental Statement OCS
              Sale 48. Vols 1-5. U.S. DOI, BLM,-Pacific OCS Office, Los
              Angeles, CA.

         Bureau of Land Management. 1979c. Historic resource surveys in the
              Lease Sale #53 OCS area (Unpublished report).

         Cailliet, G.M. and M.E. Anderson. 1975. occurrence of the Prowfish
              ZaRrora silenus, 1896 in Monterey Bay, California. California
              Fish and Game, 61 (1): 60-62.
         Cailliet, G.M. and R.N. Lea. 1977. Abundance of the "Rare"
              zoarcid, Maynea californica Gilbert, 1915, in the Monterey
              Canyon, Monterey Bay, California. California Fish and Game,
              63(4):253-261.
         Cailliet, G.M. and E.K. Osada. 1988. Ecological Studies of
              Sablefish in Monterey Bay. California Fish and Game 74(3):132-
              153.
         California Department of Fish and Game. 1979 Living Marine
              Resources of the Proposed Monterey Bay Marine Sanctuary. 25PP.
         California Department of Fish and Game. 19so. California Atlas of
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         California Department of'Fish and Game. 1990. Evaluation of
              capabilities to Respond to Large Oil Spills in California Marine
              Waters. Prepared by S.L. Ross, Environmental Researach LTD.
              320 pp.




                                           VIII-4









              California office of Planning and Research. 1978. Staff analysis
                    for the State's response to the call for nominations and
                    comments for Outer Continental Shelf (OCS) Lease Sale #53
                    (Central and Northern California). Memorandum, July 3, 1978.

              Carter, H.R., Jaques, D.L., McMe-sney, G.J., Parker, K.W. 1990.
                    Breeding Populations if Seabirds on the Northern and Central
                    California Coasts in 1989 and 1990. Draft report for MMS, POCS
                    and DOI.


              Center for Marine Conservation. 1989. The Exxon Valdez Oil SPill: A
                    Management Analysis. Prepared by Townsend Environmental and
                    Burr Heneman for Center for Marine Conservation, Washington,
                    D.C.

              Center for Marine Studies University California Santa Cruz, Marine
                    Mammal and Seabirds of Central and Northern California 1980-
                    1983. MMS Contract#14-120001-29090.

              Central Coast Regional Studies Program Technical Review Panel, 1990.
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                    Environmental Impact Statement/Management Plan.

              Eentral Coast OCS Regional Studies Program. January 1989. Offobore
                    oil Drilling on the Central California Coast.
              Chan, G.L. 1973. A study of the effects of the San Francisco Oil
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                    D.C. March 10-15, 1970. pp739-781.
              Chan. G.L. 1977. The five-year recruitment of Marine Life afer the
                    1971 San Francisco Oil Spill. Proceedings of the 1977 Joint
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              Chelton, D.B.  1984. Seasonal variability -of alongshore geostrophic
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              Chelton, D.B.  R.L. Bernstein. A. Bratkovich, and P.M. Kosro. 1988.
                    Poleward flow off central California during the spring and
                    summer of 1981 and 1984. Journal of Geophysical Research.
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              Clark, R.A. and R.H. Osborne. 1982. Contribution of Salinas River
                    Sand to the Beaches of Monterey Bay, California, During           the
                    1978 Flood Period: Fournier Grain-Shape Analysis.        Journal of
                    Sedimentary Petrology, 52(3):807-822.




                                                    VIII-5











        Coastal Concern. 1989. Letter to Marine.and Estuarine Management
             Division, May 18, 1989.

        Combellick, R.A. and R.H. Osborne. 1977. Sources and Petrology of
             Beach Sand from Southern Monterey Bay, California: Journal of
             Sedimentary Petrology, V. 47, p.891-907.

        Cooke, L.W., and Dellagiarino, G. In press. Estimates of undiscovered
             oil and gas resources for the Outer Continental Shelf as of
             January 1987: U.S. Minerals Management Service OCS Report MMS
             89-0090.


        Dahlstrom and Wild. 1983. Fish. Bull. Vol. 172.

        Dodimead, A.J., F. Favorite and T. Hirano. 1963. Salmon of the North
             Pacific ocean, part II. Review of the oceanography of the sub-
             Arctic Pacific region. International North Pacific Fisheries
             communication Bulletin. 13. 195pp.







































                                           VIII-6








             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
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             Dohrenwend, J. C. 1971. Marine Geology of the Continental Shelf
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             Earth Metrics, Inc. 1986. Final Environmental Impact Report for the
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             Ecological Consulting Inc., 1990. Atlas of Marine resources for
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             Ecomar, Inc. 1981. Final oceanographic studies report (November, 1979
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             Engineering Science, Inc. 1978. Facilities plan for north Monterey
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             Environmental Protection Agency. 1985. Assessment of Environmental
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             Estes, J.A. and J.F. Palmisano. 1974. Sea Otters: -Their Role in
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             Farrell, T.M. D. Bracher and j. Roughgarden. 1990. Cross-shelf
                  transport causes recruitsent to intertidal populations in
                  central California. LinKmology and oceanography. In press.

             Fiest, D.L. and Boehm, P.D. 1980. Subsurface distributions of
                  petroleum from an offshore well blowout - the IXTOC-I blowout,
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             Fish and Wildlife Service. 1987. Final Environmental Impact
                  Statement, Translocation of Southern Sea Otters. 89.pp.






                                                VIII-7












        Flegal, A.R., M. Stephanson, M. Martin, and J.H. Martin. 1981.
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        Foster, M.S., A.P. De Vogelae-re, C. Harrold, J.S. Pearse, and A.B.
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        Futures Group. 1982. Final Technical Report, Outer Continental Shelf
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        Garrison, D.L. 1979. Monterey Bay Phytoplankton. I. Seasonal
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        Geraci, J.R. and D.J. St. Aubin. 1980. "Offshore Petroleum Resource
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             Imprints. Boxwood Press, Pacific Grove, CA. 321p.




                                           VIII-8









            Greene, H.G. 1977. Geology of the Monterey Bay Region. U.S.
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                                              VIII-9










         Heimlich-Boran, J.R. 1988. Marine Resources and Human Activities
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         Hickey, B.M. 1979. The California Current system-hypotheses and
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         Holmes, W. N. and J. Cronshaw. 1977. Biological Effects of
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         Johnston, C.S. 1979. "Sources and Effects of Hydrocarbons in the
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         Kellogg, M.G., B.E. Bowman, C. Chaffee, D. Drake, E. Fogarine, S.
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              Society, San Francisoc, CA. 148 p.

         Kooyman, G.L., R.W. Davis, and M.A. Castellini. 1977. Thermal
              Conductance of Immersed Pinniped and Sea Otter Pelts beofr and
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             .and Effects of Petroleum Hydrocarbons in marine Ecosystems and
              Organisms. Perrgamon Press. New York, N.Y. pp. 151-157.
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              Temperature Regulation in Sea Otters. 1979.
         Kukowski, G.E. 1972. A Checklist of the Fishes of the Monterey Bay
              Area Including Elkhorn Slough, The San Lorenzo, Pajaro,     and
              Salinas Rivers. Technical Publication 72-2. Moss Landing
              Marine Laboratories.
         Lander, R.J. and P.A. Lockridge. 1989. United Tsunamis (Including
              United States Possessions) 1690-19898. National Geophysical
              Data center, Boulder, CO. 265pp.
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              State Reserve.

                                           VIII-10










             Lindstet-Siva, J. 1976. Oil Spill Response Planning for
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             Loehr, L.C. and E.E. Collias. 1983. Old Cannery Wastes, a
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             Loomis, L.M. 1896. California Water Birds. No.II-Vicinity of
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                                               VIII-11








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                                          VIII-18




   Appew>(cx-s






  0
              APPENDIX A:         FEDERAL ADVISORY COMMITTEE ACT AND REGULATIONS



























  0










  I*






                             Federal Advisory Committee Act and Regulations    0









                                                                                0








                                                                                 0  .
                                             A2


							Federal Advisory Committee Act

				Public Law 92-463
			92nd Congress, H. R. 4383
				October 6, 1972

					An Act

To authorizes the establishment of a system governing the creation and oper-
ation of advisory committees in the executive branch of the Federal Gov-
ernment, and for other purposes.

  Be it enacted by the Senate and House of Representations of the
United States of America in Congress assembled, That this Act may 		Federal Advi-
he cited as the "Federal Advisory Committee Act".					sery Committee
													Act.

			FINDINGS AND PURPOSES

Sec. 2. (a) The Congress finds that there are numerous committees,
boards, commissions, councils, and similar groups which have been
established to advise officers and agencies in the executive branch of
the Federal Government and that they are frequently a useful and
beneficial means of furnishing expert advice, ideas, and diverse opin-
ions to the Federal Government.
	(b) The Congress further finds and declares that-
	    (1) the need for many existing advisory committees has not
	been adaquately reviewed;
	    (2) new advisory committees should be established only when
	they are determined to be essential and their number should be
	kept to the minimum necessary;
	    (3) advisory committees should be terminated when they are
	no longer carrying out the purposes for which they were estab-
	lished;
	    (4) standards and uniform procedures should govern the estab-
	lishment, operation, administration, and duration of advisory
	committees;
	    (5) the Congress and the public should be kept informed with
	respect to the number, purpose, membership, activities, and cost
	of advisory committees; and
	    (6) the function of advisory committees should be advisory
	only, and that all matters under their consideration should be
	determined, in accordance with law, by the official, agency, or 
	officer involved.

					DEFINITIONS

	Sec. 4. For the purpose of this Act -
		(1) The term "Director" means the Director of the Office of
		Management and Budget.
		(2) The term "advisory committee" means any committee,
		board, commission, council, conference, panel, task force or other
		similar group, or any subcommittee or other subgroup thereof
		(hereafter in this paragraph referred to as "committee"), which
		is -
			(A) established by statute or reorganization plan, or
			(B) established or utilized by the Presdient, or
			(c) established or utilized by one or more agencies,
		in the interest of obtaining advice or recommendations for the 
		President or one or more agencies of officeers of the Federal Gov-
		ernment, except that such term excludes (i) the Advisory Com-
		mission on Intergovernmental Relations, (ii) the Commimdon on
		Government Procurment, and (iii)any committee which is com-
		posed wholly of full-time officers or employed of the Federal
		Government.


 

Federal Advisory Committee Act - continued

86 STAT. 771	Pub. Law 92-463		 - 2 -	October 6, 1972

		
			(3) The term "agnecy" has the same meaning as in section
			351 (1) of title 5, United States Code.
			(4) The term "Presidential advisory committees" means an
			advisory committee which advises the President.

						AFFLICABILITY

			Sec. 4. (a) The provisions of this Act or of any rule, order, or regu-
			lation promulgated under this Act shall apply to each advisory com-
			mittee except to the extent that any Act of Congress establishing any
			such advisory committee specifically provides otherwise.
Restrictions.	(b)Nothing in this Act shall be construed to apply to any advisory
			committee established or utilized by -
				(1) the Central Intelligence Agency; or
				(2) the Federal Reserve System.
			(c) Nothing in this Act shall be construed to apply to any local civic
			group whom primary function is that of rendering a public service with
			respect to a Federal program, or any State or local committee, council,
			board, commission, or similar group established to advise or make
			recommendations to State or local officials or agencies.

					RESPONSIBILITIES OF CONGRESSIONAL COMMITTES

Review.		Sec. 5. (a) In the exercise of its legislative review function, each
			standing committee of the Sanate and the House of Representatives
			shall make a continuing review of the activities of each advisory com-
			mittee under its jurisdiction to determine whether such advisory
			committee should be abolished or merged with any other advisory
			committee, whether the responsibilities of such advisory committee
			should be reviewed, and whether such advisory committee performs a
			necessary function not already being performed.  Each such standing
			committee shal take appropriate action to obtain the enactment of
			legislation necessary to carry out the purpose of this subsection.
Guidelines.		(b) In considering legislation establishing, or authorizing the
			establishment of any advisory committee, each standing committee of
			the Senate and of the House of Representatives shall determine, and
			report such determination to the Senate or to the House of Representa-
			tives, as the case may be, whether the functions of the proposed
			advisory committee are being or could be performed by one or more
			agencies or by an advisory committee already in existance, or by
			enlarging the mandate of an existing advisory committee.  Any such
			legislation shall -
				(1) contain a clearly defined purpose for the advisory
				committees;
				(2) require the membership of the advisory committee to be
				fairly balanced in terms of the points of view represented and the
				functions to be performed by the advisory committee;
				(3) contain appropriate provisions to assure that the advice
				and recommendations of the advisory committees will not be inap-
				propriately influenced by the appointing authority or by any
				special interest, but will instead be the result of the advisory
				committee's independent judgment;
				(4) contain provisions dealing with authorization of appro-
				priations, the date for submission of reports (if any), the dura-
				tion of the advisory committees, and the publication of reports
				and other materials, to the extent that the standing committee
				determines the provisions of section 10 of this Act to be inade-
				quato; and


							Federal Advisory Committee Act - Continued


October 6, 1972		- 3 -		Pub. Law 92 - 463
										86 STAT. 772
(5) contain provisions which will assure that the advisory
committee will have adequate staff (either supplied by an agency
or employed by it), will be provided adequate quarters, and will
have funds available to meet its other necessary expenses.
(c) To the extent they are applicable, the guidelines set out in sub-
section (b) of this section shall be followed by the President, agency
heads, or other Federal officials in creating an advisory committee.

				RES[PMSONO;OTOES PF TJE [RESODEMT

SEC. 6. (a) The President may delegate responsability for evaluating
and taking section, where appropriate, with respect to all public recom-
mendations made to him by Presidential advisory committees.
	(b) Within one year after a Presidential advisory committee has 		Report to
submitted a public report to the President, the President or his dele-		Congress.
gate shall make a report to the Congress stating either his proposals
for action or his reasons for inaction, with respect to the recommen-
dations contained in the public report.
	(c) The President shall, not later than March 31 of each calendar		Annual report
year (after the year in which this Act is enacted), make an annual		is Congress.
report to the Congress on the Activities, status, and changes in the 
composition of advisory committees in existance during the preceding
calendar year.  The report shall contain the name of every advisory
committee, the date of and authority for its creating, its termination
date or the date it is to make a report, its functions, a ference to the
reports it has submitted, a statement of whether it is an ad hoc or
continuing body, the dates of its meetings, the neames and occupa-
tions of its current members, and the total estimated annual cost to
the United States to fund, service, supply, and maintain such commit-
tee.  Such report shall include a list of those advisory committees
abolished by the President, and in the case of advisory committees
established by statute a list of those advisory committees which the
President recommends be abolished together with his reasons therefor.
The President shall exclude from this report any information which		
in his judgment, should be withheld for reaons of national secuirty,
and he shall include in such report a statement that such information is excluded.

RESPOONSIBILITIES OF THE DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET

Sec. 7. (a) The Director shall establish and maintain within the
Office of Management and Budget a Committee Managment Secre-
tariat, which shall be responsible for all matters relating to advisory
committees.
	(b) The Director shall, immediatley after the enactment of this
Act, institute a comprehensive review of the activities and responsi-
bilities of each advisory committee to determine-
		(1) whether such committee is carrying out its purpose;
		(2) whether, consistent with the provisions of applicable
		statutes, the responsibilities assigned to it should be revised;
		(3) whether it should be merged with other advisory commit-
		tees; or
		(4) whether is should be abolished.
	The Director may from time to time request such information as he
	deems necessary to carry out his functions under this subactions.  Upon
	the completion of the Director's review he shall make recommendations
	to the President and to either the agency head or the Congress with
	respect to action he believes should be taken.  Thereafter, the Director
	shall carry out a similar review annually.  Agency heads shall cooperate
	with the Director in making the reviews required by this subaction.



 

Federal Advisory Committee Act - continued



				Pub. Law 92 - 463			-4-		October 6, 1972
86 STAT. 773

Performance		(c) The Director shall prescribe administrative guidelines and man-
			agement controls applicable to advisory committees, and, to the maxi-
			mum extent feasible, provide advice, assistance, and guidance to
			advisory committees to improve their performance.  In carrying out his
			functions under this subsection, the Director shall consider the recom-
			mandations of each agency head with respect to means of improving
			the performance of advisory committees whose duties are related to
			such agency.
Uniform pay		(d)(1) The Director, after study and consultation with the Civil
			Service Commission, shall establish guidelines with respect to uniform
			fair rates of pay for comparable services of members, staffs, and con-
			sultants of advisory committees in a manner which gives appropriate
			recognition to the responsibilities and qualifications required and other
			relevant factors.  Such regulations shall provide that -
				(A) no member of any advisory committee or of the staff of any
				advisory committee shall receive compensation at a rate in excess
				of the rate specified for GS-18 of the General Schedule under
				section 5332 of title 3, United States Code; and
Travel expenses.		(B) such members, while engaged in the performance of their
				duties away from their homes or regular places of business, may
				be allowed travel expenses, including per diem in lieu of subsis-
50 Stat. 4991		tence, as authorized by section 5703 of title 5, United States Code,
83 State. 190.		for persons employed intermittently in the Government services.
			(2) Nothing in this subsection shall prevent -
				(A) an individual who (without regard to his service with an
				advisory committee) is a full-time employee of the United States,
				or
				(B) an individual who immediately before his service with an
				advisory committee was such an employee,
			from receiving compensation at the rate at which he otherwise would
			be compensated (or was compensated) as a full-time employee of the
			United States.
Expense recom-		(a) The Director shall include in budget recommendations a sum-
			mary of the amounts he deems necessary for the expenses of advisory
			committees, including the expenses for publication of reports where
			appropriate.

						RESPONSIBILITIES OF AGENCY HEADS

			Sec. 8 (a) Each agency head shall establish uniform administrative
			guidelines and management controls for advisory committees estab-
			lished by that agency, which shall be consistent with directives of the
			Director under section 7 and section 10.  Each agency shall maintain
			systematic information on the nature, functions, and operations of
			each advisory committee within its jurisdiction.
Advisory Com-		(b) The head of each agency which has an advisory committee shall
mittee Manage-	designate an Advisory Committee Management Officer who shall -
ment Control			(1) exercise control and supervision over the establishment,
Offier, desig-			procedures and accomplishments of advisory committees estab-
nation.				lished by that agency;
					(2) assemble and maintain the reports, records, and other papers
					of any such committee during its existence; and
					(3) carry out, on behalf of that agency, the provisions of sec-
					tion 552 of title 5.  United States Code, with respect to such
					reports, records, and other papers.

						ESTABLISHMENT AND PURPOSE OF ADVISORY COMMITTEES
						
				Sec. 9. (a) No advisory committee shall be established unless such
				establishment is -
						(1)specifically authorized by statute or by the President: or


 


				Federal Advisory Committee Act - continued


October 6, 1972 			- 5 -			Pub. Law 92 - 463
													STAT. 774
(2) determined as a matter of formal record, by the head of the			Publication in
agency involved after consultation with the Director, with timely			Federal Register.
notice published in the Federal Register, to be in the public inter-
est in connection with the performance of duties imposed on that
agency by law.
	(b) Unless otherwise specifically provided by statue or Presidential
directive, advisory committees shall be utilized solely for advisory
functions.  Determinations of action to be taken and policy to be
expressed with respect to matters upon which an advisory committee
reports or makes recommendations shall be made solely by the Presi-
dent or an officer of the Federal Government.
	(c) No advisory committee shall meet or take any action until an		Charter,
	advisory committee charter has been filed with (1) the Director, in the		filing,
	case of Presidential advisory committees, or (2) with the head of the
	agency to who any advisory committee reports and with the standing
	committees of the Senate and of the House of Representatives having
	legislative jurisdicition of such agency.  Such charter shall contain the	Contents,
	following information:
		(A) the committee's official designation;
		(B) the committee's objectives and the scope of its activity;
		(C) the period of time necessary for the committee to carry out
		its purposes;
		(D) the agency or official to whom the committee reports;
		(E) the agency responsible for providing the necessary support
		for the committee;
		(F) a description of the duties for which the committee is
		responsible, and, if such duties are not solely advisory, a specifica-
		tion of the authority for such functions;
		(G) the estimated annual operating costs in dollars and man-
		years for such committee;
		(H) the estimated number and frequency of committee
		meetings;
		(I) the committee's termination date, if less than two years
		from the date of the committee's establishment; and
		(J) the date the charter is filed.
	A copy of any such charter shall also be furnished to the Library of	Copy.
	Congress.

					ADVISORY COMMITTEE

Sec. 10 (a)(1) Each advisory committee meeting shall be open to			Meetings.
the public.
		(2) Exempt when the President determines otherwise for reasons of 
	national security, timely notice of each such meeting shall be published
	in the Federal Register, and the Director shall prescribe regulations to	Federal Register.
	provide for other types of public notice to insure that all interested		Regulations.
	persons are notified of such meeting prior thereto.
		(3) Interested persons shall be permitted to attend, appear before,
	or file statements with any advisory committee, subject to such reason-
	able rules or regulations as the Director may prescribe.
		(b) Subject to section 558 of title 5, United States Code, the records,	State. 54.
	reports, transcripts, minutes, appendixes, working papers, drafts,
	studies, agenda, or other documents which were made available to or
	prepared for or by each advisory committee shall be available for
	public inspection and copying at a single location in the office of the
	advisory committee or the agency to which the advisory committee
	reports until the advisory committee ceases to exist.
		(e) Detailed minutes of each meeting of each advisory committees		Minutes
	shall be kept and shall contain a record of the persons permant, a com-
	plete and accurate description of matters descussed and concludions
	reached, and copies of all reports received, issued, or approved by the


 


Federal Advisory Committee Act - continued


			Pub. Law 92-463		- 6 -		October 6, 1972
86 STAT. 775
Certification.	advisory committee. The accuracy of all minutes shall be certified to
			by the chairman of the advisory committee.
			(d) Subsections (a)(1) and (a)(3) of this section shall not apply
			to any advisory committee meeting which the President, or the head of
			the agency to which the advisory committee reports, determines is
			concerned with matters listed in section 552(b) of title 5, United States
81 Stat. 54.	Code. Any such determination shall be in writing and shall contain
Annual report.	the reasons for such determination.  If such a determination is made,
			the advisory committee shall issue a report at least annually setting
			forth a summary of its activities and such related matters as would be
			informative to the public consistent with the policy of section 552(b)
			of title 5, United States Code.
Federal officer	(a) There shall be designated an officer or employee of the Federal
or employee,	Government to chair or attend each meeting of each advisory commit-
attendance.		tee.  The officer or employee so designated is authorized, whenever he
			determines it to be in the public interest, to adjourn any such meeting.
			No advisory committee shall conduct any meeting in the absence of that
			officer or employee.
			(f) Advisory committees shall not hold any meetings except at the
			call of, or with the advance approval of, a designated officer or
			employee of the Federal Government, and in the case of advisory com-
			mittees (other than Presidential advisory committees), with an agenda
			approved by such officer or employee.
	
							AVAILABILITY OF TRANSCIPTS

			Sec. 11. (a) Except where prohibited by contractual agreements
			entered into prior to the effective date of this Act, agencies and advi-
			sory committees shall make available to any person, at actual cost of
			duplication, copies of transcripts of agency proceedings or advsory
			committee meetings.
"Agency pre-	(b) As used in this section "agnecy proceeding" means any proceed-
ceeding."		ing as defined in section 551(12) of title 5, United States Code.
80 Stat. 382.
						FISCAL AND ADMINISTRATIVE PROVISIONS

Recordkeeping.	Sec. 12. (a) Each agency shall keep records as will fully disclose the
			disposition of any funds which may be at the disposal of its advisory
			committees and the nature and extent of their activities.  The General
			Services Administration, or such other agency as the President may
			designate, shall maintain financial records with respect to Presidential
Audit.		advisory committees.  The Comptroller General of the United States, or
			any of his authorized representatives, sahll have access, for the pur-
			poses of audit and examination, to any such records.
Agency sup-		(b) Each agency shall be responsible for providing support services
port services.	for each advisory committee established by or reporting to it unless the
			establishing authority provides otherwise.  Where any such advisory
			committee reports to more than one agency, only one agency shall be
			reponsible for support services at any one time.  In the case of Presi-
			dential advisory committees, such services may be provided by the
			General Services Administration.

					RESPONSIBILITIES OF LIBRARY OF CONGRESS

Reports and		Sec. 13. Subject ot section 558 of title 5, United States Code, the
			Director shall provide for the filing with the Library of Congress of at
papers.		least eight copies of each report made by everyadvisory committee and.
			where appropriate, background papers prepared by consultants.  The
			Librarian of Congress shall establish a depository for such reports and
			papers where they shall be available to public inspection and use.
	


 

Federal Advisory Committee Act - continued

October 6, 1972  		-7-			Pub. Law 92-463

86 STAT. 776

TERMINATION OF ADVISORY COMMITTEE

SEC. 14 (a)(1)  Each advisory committee which is in existance on the effective data of this 
Act shall terminate not later than the expiration of the two-year period following such 
effective date unless-
(A) in the case of an advisory committee established by the President or an officer of the
Federal Governemtn, such advisory committee is renewed by the President or that officer by
appropriate action prior to the expiration of such two-year period; or (B) in the case of
an advisory committee established by an Act of Congress, its duration is otherwise provided
for by law.  (2)  Each advisory committee established after such effective date shall
terminate not later than expiration of the two-year period beginning on the date of its
establishment unless-
(A) in the case of an advisory committee established by the President or an officer of the
Federal Government such advisory committee is renewed by the President or such officer by
appropriate action prior to the end of such period; or
(B)  in the case of an advisory committe established by an Act of Congress, its duration
is otherwise provided for by law:

(b)(1)  Upon the renewal of any advisory committee, such advisory Renewal committee shall 
file a charter in accordance wit section 9 (c).  
(2)  Any advisory committee established by an Act of Congress shall file a charter
in accordance wit such section upon the expiration of each successive two-year period
following the date of enactment of the Act establishing such advisory committee.
(3)  No advisory committee required under this subsection to file a charter shall take any
action (other than preparation and filing of such charter) prior to the date on which such
charter is filed.
(c)  Any advisory committee which is renewed by the President or C---------, any officer
of the Federal Governemnt may be continued only for successive two-year periods by
appropriate action taken by the President or such officer prior to the date on which
such advisory committee would otherwise terminate.

EFFECTIVE DATE

SEC. 15.  Except as provided in section 7(b), this Act shall become effective upon the
expiration of ninety days following the date of enactment.

Approved October 6, 1972.

LEGISLATIVE HISTORY:

HOUSE REPORT:  No. 92-1017 (Comm. on Government Operations) and
		   No. 9-1403 (Comm. of Conference).
SENATE REPORT:  No. 92-1098 ----------S. ---- (Comm. on
			Government Operations).
CO------SSIONAL RECORD, Vol. 118 (1972):

	May 9, considered and passed House,
	Sept.12  considered and passed Senate, amended,
		in lieu of S. 1529.
	Sept.19, Senate agreed to conference report,
	Sept.20, House agreed to conference report

Government in the Sunshine Act (excerpt)

September 13, 1976   	-7-		Pub. Law 94-409

"(iii) all written responses, and memorands stating the substance of all oral responses, to
the materials described in clauses (i) and (ii) of the subparagraph;
"(D) upon receipt of a communication knowingly made or knowingly caused to be  made by a
party in violation of this subsection, the agency, administrative law judge, or other
employee presiding at the hearing may, to the extent consistent wit the interests of justice
and the policy of the underlying statutes, require the party to show cause why claim or
interest in the proceeding should not be dismissed, denied, disregarded, or otherwise 
adv----ly affected on account of each violation; and
"(E) the prohibition of this subsection shall apply beginning Applicability, at such time as
the agency may designate, but in not case shall they begin to apply later than the time at
which a proceeding is noticed for hearing unless the person responsible for the communication
has knowledge that it will be noticed, in which case the prohibitions shall apply beginning
at the time of  his acquisition of such knowledge.
"(2)  This subsection does not constiture authority to withhold information from Congress".
(b)  Section --- of title 4, United States Code, is amended-
(1) by striking out "and" at the end of paragraph (12);
(2) by string out the "act" at the end of paragraph (13) and inserting in lieu thereof "act;
and" ; and
(3) by adding at the end thereof the following new paragraph:  "(14 'ex parte communication'
means an oral or writen communication not on the public record wit respect to which reasonable
prior notice to all parties is not given, but it shall not include requests for status
reports on any matter or proceeding covered by this subchapter.".
(c) Section ---(d) of title 5, United States Code, is amended by inserting between the thrid
and fourth sentences thereof the following new sentence:  "The agency may to the extent
re---------- with the interests of justice and the policy of the underlying ------ 
administered by the agency, consider a violatoin of section ---(d) of this title---- -----
cient grounds for a decision adverse to a party who has knowingly committed such violation
or knowingly caused such violation to occur.".

----------- AMENDMENTS

Sec. 5.(a) Section 410(b)(1) of title --, United States Code, is amended by inserting after
"Section --- (public information)," the words "section ---(recors about individuals), section
---(open meetings).".
(b) Section ---(b)(3) of title 3, United States Code, is amended to read as follows:

"(a)  specifically exempted from disclosure by statue (other than section ---b of this title),
provided that such statue (A) requires that the matters be withheld from the public in
such a manner as to leave no descretion on the ---- or (B) establishes particular criteria
for withholding or refers to particular types of matters to be withheld;".
(C) Subsection (d) of section 10 of the Federal Advisory Committee Act is amended by 
striking out the first sentence and inserting in lines --------, thereof the following:
"Subsections (a)(1) and (a)(2) of this section shall not apply to any portion of an
advisory committee meeting where



--STAT, 1267

Pub. Law 94-409			-8-			September --, 1976

the President, or the head of the agency to which the advisory committee reports, 
determines that such portion of such meeting may be closed to the public in accordance
with subsection (c) of section 552b of title 5, United States Code".

EFFECTIVE DATE

Sec 6. (a) Except as provided in subsection (b) of this section, the provisions of this
Act shall take effect 180 days after the date of its enactment.
(b) Subsection (g) of secion 552b of title 5, United States Code, as added by section
3(a) of this Act, shall take effect upon enactment.

Approved September 13, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORTS:  No.  94-880, -- - and No. 04-880, --2, accompanying
			M.R. 11656 (Comm. on Government Operations) and
		    No.  94-1441 (Comm. of Conference).
SENATE REPORTS: No. 94-354 (Comm. on Government Operations), No. 94-381 (Comm. on Rules
				and Administration) and NO. 94-1178(Comm. of Conferences)
CONGRESSIONAL RECORD:
Vol. 121(1875) Nov. 5,6, considered and passed Senate.
Vol. 122(1976) July 28, considered, and passed House, amended in
                --------------------
		   Aug --, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS

	Vol. 12, No. 28 (1976) Sept 13, Presidential statement

-- STAT ----

Handicapped Federal Employees, Personal Assistants, Employment (excerpt)

94 STAT. 3040			PUBLIC LAW 96-523-DEC.12, 1980

Travel expenses:  "(dX1) In the case of any handicapped employee(including a blind
or deaf employee) traveling on official business, the head of th agency may authorize
the payment to an individual to accompany or assist (or both) the handicapped employee for
all or a portion of the travel period involved.  Any payment under this subsection to such
an individual may be made either directly to that individual or by advancement or
reimbursement to the handicapped employee.
Payment Limitation:  "(2)  With respect to any individual paid to accompany or assist a
handicapped employee under paragraph (1) of this subsection - limit or limits which the
Office of Personnel Management shall prescribe by regulation to ensure that the payment does
not exceed amounts (including pay and, if appropriate, travl expenses and per diem 
allowances) which could be paid to an employee assigned to accompany or assist the 
handicapped employee; and
"(B) that individual shall be considered an employee, but only for purposes of chapter 81
of this title (relating to compensation for injury) and sections 2671 through 2680 of title
28 (relating to tot claims).  "(e) This section may not be held or considered to prevent or
limit in any way the assignment to a handicapped employee (including a blind or deaf
employee) by an agency of clerical or secretarial assistance, at the expense of the agency
under statutes and regulations curently applicable at the time, if that asistance normally
is provided, or authorized to be provided, in that manner under currently applicable 
statutes and regulations."  (b)  The item relating to section 3102 in the analysis of 
chapter 31 of title 5, United States Code, is amended to read as follows:
"3102  Employment of personal assistants for handicapped employees, including blind and
deaf employees."  (cX1) Section 604(--16XA) of title 28, United States Code, is amended
by striking out "3102" and inserting in lieu thereof "3102(b)".
(2) Section 410(bX1) of title 39, United States Code, is amended by striking out "3102 
(employment of reading assistants for blind employees and interpreting assistants for deaf
employees)," and inserting in lieu thereof "section 3102 (employment of personal
assistants for blind, deaf, or otherwise handicapped employees),".  Sec. 2. Section 7(d)(1)
of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by striking out "and" at 
the end of subparagraph (A) by striking out the period at the end of subparagraph (B) and
inserting"; and" in lieu thereof, and by adding at the end thereof the following new
subparagraph: "(C) such members) "(i) who are blind or deaf or who otherwise qualify as
handicapped individuals (within the meaning of section 501 of the Rehabilitation Act of
1978 (29 U.S.C. 794)), and "(ii) who do not otherwise qualify for assistance under section
3102 of title 5, United States Code, by reason of being an employee of an agency (within
the meaning of section 3102(a)(1) of such title5), may be provided services pursuant to
section 3102 of such title 5 while in performance of their advisory committee duties".
Sec 3.  The amendments made by this Act shall take effect sixty days after the date of the
enactment of this Act.  Sec. 4(a) Section ---2 of title 5, United States Code, is amended by
adding at the end thereof the following new subsection:

Congressional Reports Elimination Act of 1982 (excerpt)

PUBLIC LAW 97-375-DEC.21, 1982		96 STAT.1821

mendations as he may deem proper as to the best means of preventing such injuries".
(c)  The second sentence of section 19(b) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 668(b); 84 Stat. 1590 is repealed.

REPORTS BY THE DEPARTMENT OF TRANSPORTATION

Sec. 111. (a) 151(g) of title 23, United States Code (87 Stat 285), is amended by striking
out the third and fourth sectences and inserting in lieu thereof, "No state shall submit any
such report to the Secretary for any year after the second year following completion of the
pavement marking program in that State".  (b)  Section 602 of the Regional Rail
Reorganization Act of 1973 (45 Repeal U.S.C. 792; 87 Stat. 1022) is repealed.
(c) Section 4417a(19( of the Revised Statutes (46 U.S.C. 391a(19)) is repealed.  (d) Section
515 of the Railroad Revitalization and Regulatury Reform Act of 1876 (45 U.S.C. 835;90
Stat. 82) is repealed.(e)  Section 10 of the Emergency Rail Services Act of 1970 (45 Repeal
U.S.C. 669-84 Stat. 1978) is repealed.

REPORT BY THE DEPARTMENT OF THE TREASURY

Sec. 112 Section 602(c) of the act of June 3, 1980, entitled "An Act to provide for 
increased participation by the United States in the Inter-American Development Bank,and
the African Development Fund" (22 U.S.C. 262(c); 94 Stat. 433), is repealed.

REPORT BY THE INTERSTATE COMMERCE COMMISSION

Sec.113. Sectoin 10327 (i) of title 49, United States Code (92 Stat 1350), is amended by
striking out the last two sentences.

REPORT BY THE NATIONAL ---------- AND SPACE ADMINISTRATION

Sec. 114. Section 2304(a) of title 16, United States Code, is repealed.

REPROT BY THE NUCLEAR REGULATORY COMMISSION

Sec.115.Section 11 of the Act of November 6, 1978, entitled "An Repeal Act to authorize
appropriations to the Nuclear Regulatory Commission for fiscal yar 1979, and for other
purposes"(42 U.S.C. 2206a;92 Stat 2953), is repealed.

TITLE II-MODIFICATIONS

REPORTS BY THE EXECUTIVE OFFICE OF THE PRESIDENT

Sec.201.(a) Section 452a(eX4) of title 5, United States Code, is amended by striking out
"at least annually"  and inserting in lieu thereof "upon establishment or revision"
(b) Subsection (p) of section 442a of title 5, United States Code, is amended to read
as follows:  "p) ANNUAL REPORT.-The President shall annually submit to the Speaker of
the House of Representatives and the President protampore of the Senate a report-


Congressional Reports Elimination Act of 1982-continued

96 STAT 1822		PUBLIC LAW 97-375-DEC.21, 1982

"(1) describing the actions of the Director of the Office of Management  and Budget pursuant
to section 6 of the Privacy Act of 1974 during the preceding year;  "(2) describing the
exercise of individual rights of access and amendment under this section during such yar;
"(3) identifying changes in or additions to systems of records; "(4) containing such other
information concerning administration of this section as may be necessary or useful to the
Congress in reviewing the effectiveness of this section in carrying out the purposes of
the Privacy Act  of 1974".  (c) Effective July 1, 1983, section 6(c) of the Federal Advisory
Committee Act (5 U.S.C. App.) is amended by striking out the first sentence and inserting
in lieu thereof the following: "The President shall, not later than December 31 of each year,
make an annual report tothe Congress on the activities, status, and changes in the 
composition of advisory committees in existence during the preceding fiscal year.".

REPORTS BY THE DEPARTMENT OF COMMERCE

SEC. 202(a) Section 302(d) of the Marine Protection, Research, and Sancturies Act of 1972
(16 U.S.C. 1432(d)) is amended to read as follows:

"(d) The Secretary shall submit a biennial report to the Congress on or before March 1 of
every other year beginning in 1984, setting forth a comprehensive review of his actions
during the previous two fiscal years undertaken pursuant to the authority of this section,
together with appropriate recommendation for legislation considered necessary for the
designation and protection of marine sanctuaries.".  (b) Section 7 of the National
Climate Program Act of 1978 (15 U.S.C. 2906) is amended by striking out "not later than
January 30 of each year" and inserting in lieu thereof "not later than March 31 of each
year".  (c)  Section 4(a) of the National Ocean Pollution Research and Development and
Monitoring Planning Act of 1978 (33 U.S.C. 1703(a)) is amended by striking out "and a 
revision of the plan shall be prepared and so submitted by September 15 of each odd-numbered
year occurring after 1979" and inserting in lieu thereof "and a revision of the plan
shall be prepared and so submitted by Septmember 15 every three years after 1979". 
(d) Section 8 of the Fair Packaging and Labeling Act (15 U.S.C. 1457) is amended by 
striking out the following: "or to participate in the development of voluntary product
standards with respect to any consumer commodity under procedures referred to in section
5(d) of this Act.".

	REPORTS BY THE DEPARTMENT OF DEFENSE

Sec. 203 (a)(1) Section 808(a) of the Department of Defense Appropriation Authorization
Act, 1978 (50 U.S.C. 1520 (a); 91 Stat. 334) is amended by striking out clause (1) and by
striking out "(2)".  (2) Section 409(a) of the Act of November 19, 1969 (50 U.S.C. 1511(a);
-- Stat. 209), is amended by adding the following sentece at the end thereof; "The report
shall include a full accounting of all experiments and studies conducted by the Department
of Defense in the preceding year, whether directly or under contract, which


Executive Order 12024

THE PRESIDENT

Relating to the Transfer of Certain Advisory Committee Functions

Executive Order 12024						December 1, 1977

By virture of the authority vested in me by the Constitution and statutes of the
United States of America, including the Federal Advisory Committee Act, as amended
(3 U.S.C. App.I), Section 301 of Title 3 of the United States Code, Section 202 of
the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c), and Section 7
of Reorganization Plan No. 1 of 1977 (42 FR 56101(October 21, 1977)) and as
President of the United States of America, in accord with the transfer of advisory
committee functions from the Office of Management and Budget to the General Services
Adminstration provided by Reorganization Plan No. 1 of 1977, it is hereby ordered as 
follows:

Section I.  The transfer, provided by Section 3F Reorganization Plan No. 1 of 1977
(42 FR 56101), of certain functions under the Federal Advisory Committee Act, as amended
(5 U.S.C. Aplp. I), from the Office of Management and Budget and its Director to the
Administrator of General Services is hereby effective.

Sec. 2 There is hereby delegated to the Administrator of General Services all the
functions were vested in the President by the Federal Advisory Committee Act, as amended,
except that, the annual report to the Congress required by Section 6(c) of that Act shall
be prepared by the Administrator for the President's consideration and transmittal to the
Congress.

Sec. 3 The Director of the Office of Mangement and Budget shall take all actions necessary 
or appropriate to effectuate the transfer of functions provided in this Order,
including the transfer of funds, personnel and positions, assets, liablities, contracts,
property, records, and other items released to the functions transferred.

Sec. 4 Executive Order No. 11769 of February 21, 1974 is hereby revoked.

Sec. 5 Any rules, regulations, orders, directories, ---------, or other actions takes
pursuant to the functions transferred or reassigned as provided in this Order from the
Office of Management and Budget to the Adminstrator of General Services, shall
remain in effect as if issued by the Administrator until amended, modified, or revoked.

Sec. 6 This Order shall be effective November 20, 1977.

Jimmy Carter

THE WHITE HOUSE,

December 1, 1977.








                    45926 Federal Register           Vol. 52, No. 231        Wednesday, December 2, 1987                Rules and Regulations

                    GENERAL SERVICES                                  and Executive Order 12024 (42 FR 61445,        Provide for Coverage Under the Act
                    ADMINISTRATION                                    3 CFR, 1977 Comp.. p. 158). Under              When Certain Groups Provide,
                                                                      Executive Order 12024. the President           Consensus orRecurrent Advice
                    41 CFR Part ioi-6                                 delegated to the Administrator of              One commenter stated that the
                    FPMR Amendment A-401                              General Services all of the functions          language in 1101-6.1004 (i) and (j) of the
                                                                      vested in the President by the Act. as         proposed rule was too tentative to
                    Federal Advisory Committee                        amended, except that the Annual Report         specifically provide that acceptance of
                    Management                                        to the Congress required by Section 6(c)       consensus advice or advice on a
                    AGENCY: Office of Administration, GSA.            shall be prepared by the Administrator         recurring basis from certain groups were
                                                                      for the President's consideration and          determinants for coverage under the
                    ACTION: Final rule.                               transmittal to the Congress.                   Act. GSA has accepted these
                    SUMMARY: This,final rule provides                 Discussion of Comments                         suggestions and has strengthened the
                    administrative and interpretive                                                                  wording of these sections in the final
                    guidelines and management controls for            As stated above. GSA issued a                  rule.
                    Federal agencies concerning the                   proposed rule on the management of             Agencies are. in effect, cautioned that
                    implementation of the Federal Advisory            Federal advisory committees in the             the Act would apply when an agency
                    Committee Act, as amended (5 U.S.C..              Federal Register and invited comments.         accepts the deliberations of.a group as a
                    App.) (hereinafter "the Act"). In a               Nineteen commenters responded. Seven           source of consensus advice, when
                    previous issue of the Federal Register,           commenters had no substantive                  heretofore the agency had been
                    GSA published an interim final rule on            recommendations and were fully                 obtaining the advice of attendees on an
                    the management of Federal advisory                supportive of the proposed rule. Twelve        individual basis only. Also, when an
                    committees and requested comments (48             others offered suggestions for improving       agency recurrently uses a group at the
                    FR 19324: April 28,1983). Additional              numerous sections and the disposition          group's request. as a source of advice on
                    comments were requested through an                of these recommendations is addressed          a preferential basis. exclusion of
                    advance notice of proposed rulemaking             as follows:                                    coverage under the Act may become
                    published in the Federal Register on                                                             questi6nable even if the group continties
                    February 13,1987 (52 FR 4631). A new              Clarify the Distinction Between                only to express its own views withot*
                    proposed rule. removing suggested                 Operational as Opposed to Advisory             further solicitations from Federal
                    limitations on the size of Federal                Committees                                     officials.
                    advisory committees. eliminating                  Two commenters suggested that                  Strengthen the Provision for Excluding
       .4           requirements for the provision of                 further guidance in the final rule was         Coverage of So-Called Fact-Finding
                    updated committee membership data on              necessary to assist agencies in                Sub$roups
                    a quarterly basis and restrictions on the         interpreting what constitutes primarily
                    compensation of committee members,                an operational committee as opposed to         Several commenters were of the
                    and reflecting other actions to                   one which performs only advisory               opinion that so-called fact-finding
                    streamline compliance with the Act. was           functions, in order to determine               subgroups should continue to be
                    published in the Federal Register on              coverage under the Act. Accordingly.           excluded from coverage under the Act.
                    May 19,1987 (52 FR 18774). with a 90-                                                            However, it was their general consensus
                    day comment period ending on August               GSA has added language to 1101-                that I ioi-8.10(14(k) of the proposed rule
                    17. All comments received were                    6.1004(g) in the final rule which more         was less than clear in including both the
                    considered in formulating this final rule         fully describes what. in general.              members of an advisory committee and
                    which is intended to improve the                  constitutes operational functions.             any of itz, subcommittee members in this
                    management and use of Federal                     While the legislative history of the           exclusion. One commenier felt strongly
                    advisory committees in the Executive              Ad contains the concept for the                that this exclusion should apply to all
                    Branch of the Federal Government.                 exclusion of operational WMmitt"&              membess of an advisory committee and
                    EFFECTIVE DATE: January 4.-198&                   dwe is Tw precise lqai idefinition of          its subcommittga& whether at not the
                    Aowwssas: General Services                        operational committm in ei6ler the Aa          subcommittee mendIers am membem at
                    Administration. Committee Management              or its legislative history. GSA believes       the parent committee. GSA agrees with
                    Secretariat (CTMJ. Washington. X                  that operational futictions to be              this recommezAadon sinceft Pareflels
                    20405@                                            performed by an advisory committee             the lansmge and intent expressed in
                      Copies of all comments received are             must be so authorized by law, since the        I jol-6.10Mb) (3) mid (4) which clarify
                    available for public inspection in Room           making or implementation of                    certain requirements applicable to
                    7030 of the General Services Building.            Government decisions is normally               subcommittees. GSA has reworded the
                    i8th and F Streets NW.. Washington.               reserved to Federal officials as opposed       definition of "Advisory Committee" in
                    DC.                                               to advisory committees. Additionally.          I 1M.111003 of the final rule to follow
                    FOR FURTHER INFORMATION CONTACT.                  sections 2(b)(61 and 9(b) of the Act           more precisely the language in section
                    James L. Dean. Director, Committee                providithat. unless specifically               3(2.) of the Act and has been more
                                                                                                                     consistent in the use of the term
                    Management Secretariat. Office of                 provided by statute or Presidential            .1                                       k)and
                    Management Services, Office of                    directive. advisory committees may not         subcommittee" in 1101-&1004(
                    Administration. General Services                  make determination$ or express policy          i icn-&ia7(b)(3) of the final rule.
                    Administration. Washington. DC 20405              in matters under their consideration.           Another commenter felt that the
                                                                                                                     language in I 101-&1004(k) was not
                    (202) 523-1343.                                   Given the additional language in this          strong enough to preclude fact-finding
                    SUPftXMKNTARY INFORMATIOW                         final rule. GSA believes that it will be       subgroups from Preparing what
                    Background                                        easier for agencies to identify                ultimately becomes the advice and
                                                                      committees which perform primarily             recommendations of the chartered
                       GSA's authority for administering the          operational functions.                         advisory committee. 88 opposed to
                    Act is contained in section 7 of the Act



                                                                                        A17










                            Federal Register          Vol. 52. No. 231          Wednesday, December 2. 1987                 Rules and Regulations

                     simply gathering information and                    INFORMATION:), a commenter suggested            ï¿½ 101-6-1007(b) of the proposed rule.
                     analyzing facts for the committee. GSA              that the final rule should not preclude         should be included in both the Federal
                     has modified the language in this                   agencies from issuing an exclusion for          Register notice of establishment and in
                     provision to clarify that the results of            one-time meetings. This commenter felt          the filed charter.
                     such fact-finding activities are to be              that GSA's opinion. that such an                GSA has not adopted this suggestion
                     subject to the deliberation of a chartered          exclusion in the rule was not                   for two reasons. First. the agency letter
                     advisory committee, or a subcommittee               appropriate in view of the limited              proposing the establishment of an
                     when subsequently conducting a                      litigation history. should not bar              advisory committee under general
                     meeting under the Act.                              agencies from issuing such exclusions.          agency authority already contains this
                     Provide A dditional Guidance on the                 In fact, it was the opinion of this             information. as specified by J t01-
                     Requirements Applicable to                          commenter that the absence of litigation        6.1007(b)(2)(iii) of the rule, and this letter
                     Subcommittees                                       history was not sufficient reason to limit      would be a public record following the
                                                                         management discretion.                          establishment of the advisory
                     One commenter requested that the                    GSA continues to believe that a one-            committee. Second, inclusion of this
                     final rule provide additional guidance on           time meeting exclusion in the final rule        information in the Federal Register
                     the applicability of various requirements           would be inconsistent with the Act, and         notice of establishment and the filed
                     of the Act to subcommittees. Since the              does not intend to provide either a             charter is not specifically required under
                     definition of "advisory committee" in               direct exclusion in ï¿½ 101-6.1004 or             sections 9 (a)(2) and (c) of the Act. For
                     section 3(2) of the Act specifically                provide that such a decision may be left        purposes of this comment. GSA has not
                     includes - * * any subcommittee or                  to an agency, thereby implying GSA's            altered ï¿½ 101-6.1007(b)(1) or ï¿½ 101-
                     other subgroup thereof * * -, GSA                   support for such exclusions.                    6.1015(a)[1) of the final rule.
                     believes all requirements of advisory               Accordingly, GSA reiterates its opinion
                     committees in the Act also apply to                 that in the absence of any judicial             Pro vide Additional Guidance on
                     subcommittees. Furthermore, the Act                 precedent to the contrary. meetings or          BolancedRepresentation and Selection
                     itself contains no provisions for                   groups which take place or meet only            of Members
                     subcommittees which differ from those               once should not be excluded from the            Ones commenter was concerned that
                     applicable to a full or parent committee.           Act's coverage solely on this basis.            the proposed rule did not contain
                     Absent more specific language in the                Eliminate the Agency Requirement to             sufficient guidance on balanced-
                     Act. additional guidance by GSA which               Assess Duplication of Advisory                  representation and the selectionof
                     might serve to differentiate any                    Committees on a Governmentivide Basis           members, and suggested that the fi I
                                                                                                                                                                      nal
                     requirements of subcommittees from                                                                  rule provide additional instructions for
                     those of advisory committees would be               Two commenters pointed out the                  agencies to follow in these areas. GSA
                     inconsistent with the Act.                          impracticability of requiring an agency
                                                                         to assess duplication of effort of already      recognizes that the guidelines in the
                     Exclude From Coverage Under the Act                 existing committees on a                        proposed rule are limited to the
                     Groups Convened by Agencies on an A                 Governmentwide basis as opposed to an           language of the Act. However, GSA
                     Hoc Basis                                           individual agency basis. Both                   believes that the provisions of section
                     One commenter recommended that                      commenters further asserted that this           5(c) of the Act are broad enough to
                     the final rule contain an exclusion from            Governmentwide role could be                    allow agency discretion in determining
                     coverage under the Act for so-called ad             performed by GSA during its own                 advisory committee representation and
                     hoc groups lacking formal organization.             review process subsequent to the receipt        membership relative to applicable
                     structure. or continuing existence;                 of the agency's proposal in accordance          statutes, Executive Orders. and the
                     conv ned by an agency to obtain views               with I ioi-mow(b) of the rule.                  needs of the agency responsible for the
                        .q                                                                                               committee. Accordingly, GSA will retain
                     an particular matters of immediate                  Since GSA is responsible for
                     concern. GSA is of the opinion that such            reviewing and maintaining data on all           the proposed guidelines in the final rule
                     an exclusion is not appropriate since the           advisory committees in every agency             based on the lang"ge of the Act
                     Act itself'neither defines nor specifically         pursuant to several provisions of the           Provide RevisedRecordkeeping
                     excludes such groups. in fact. section              Act. CSA agrees that it can effectiv     'ely   Requirements
                     6(c) of the Act, providing for the                  perform this function. GSA can also              Two commewers. directly of
                     President's annudl report to the                    provide agencies. on request.                   . irectly, expressed concern over the
                     Congress. requires a statement for each             information on other agency committees          Ind                                          ined
                                                                                                            of effort    recordkeeping requirements conta
                     advisory committee,           of whether it         relative to potential duplication
                                                                                                                         In the proposed rule. One rommenter
                     I s a n ad hoc or continuing body                   issues.                                         observed that it was not possible for the
                     Accordingly. GSA has not accepted the               GSA has rewritten the language in                    mittee Management officer (CMO)
                     recommendation to exclude ad hoc                    I iol-6.1007 (a) and (b)(2)(ii) of the final    Cam
                     groups since GSA believes that the                  rule to reflect this concept by providing'      to ensure compliance with sections
                     language of section 6(c) of the Act                 that an agency only consider the                10(b), 12(a) and 13 of the Act, as
                                                                         functions of a proposed committee for           required by I 101-4.1(n7. Section io(b)
                     evidences the intent of the Congress that                                                           Of the Act requires that the records of an
                     a group is not to be excluded from                  duplication of existing committees in the       advisory committee shall be available at
                     coverage merely because it is convened              some agency.                                    a single location at the advisory
                     on an ad hoc. or temporary basis.                   include the Agency's Plan for Balanced          committee or the agency to which it
                     Provide That Agencies May Exercise                  Membership in Federal Register NOtices          reports during the committee's               jested
                     Policy Decisions in Issuing Exclusions              and Charters                                    existence. This commenter sug
                     for One- Time Meetings                              One commenter suggested that an                 that GSA relax the requirement of
                       In a comment directed toward GSA's                agency's plan to attain balanced                I lol-4.10,17 ornmenter, taking a different
                     position stated in the discussion of prior          membership for a proposed advisory                 Another c                     hazard
                     comments in the proposed rule (see 52               committee. to be submitted in                   view, complained of the hap
                     FR 18774. SUPMUENTANY                               conjunction with the review required by         approach by agencies to the public


~0





                                                         4~.5928 Federal Register / Vol. 52. No. 231 / Wednesday, December 2. 1987 / Rules and Regulations
                                                         availability and retention of advisory                                                                                        Provide Guidance to Agencies                                                                                                 Procedural and Administrative
                                                         committee records. This commenter                                                                                             Concerning the Applicability ~qqf the                                                                                          Comments
                                                         recommended that the regulations be                                                                                           Anti-Lobbyi~n~qg Statute and Hatch Act to
                                                         strengthened in these aspects.                                                                                                Advisory Committee Members                                                                                                          The final rule incorporates numerous
                                                                                                                                                                                                                                                                                                                    technical and procedural
                                                            For the following reasons. GSA has                                                                                             With respect to ~qï¿½ ~10~1--~qf~qi~.1~q033 of the                                                                                    recommendations made by several
                                                         determined not to adopt the specific                                                                                          proposed rule. one ~c~ommen~ter stated                                                                                          c~omme~nters. paT~l~qi~cu~qka~r~qky in the
                                                         suggestions of either commenter. First.                                                                                       that unless provided by statute. agencies                                                                                    following sections:
                                                         section 8(b)(2) of the Act provides that                                                                                      should not compensate advisory
                                                         the CMO shall "assemble and maintain                                                                                          committee members if they provide
                                                         the reports, records, and other papers of                                                                                     policy advice on proposals for                                                                                                         Section                                                ~m~o~m~f~i~ca~t~i~o~n
                                                         any such committee during its                                                                                                 legislation because this compensation                                                                                        ~101-6~.~1007~qM~R)~                          ~R~e~q~u~we~s ~o~f~o~o~o~s~e~o c~ha~n~e~r ~M~t~h ~age~qm~v
                                                         existence." When sections 8~q(b)(2) and                                                                                         would violate the anti-iobbying statute.                                                                                                                                   ~f~t~er~
                                                         10(b) are read together. it is clear that                                                                                     (See 18 U.S.C. 1913). The same                                                                                               101 ~-6.~1007(d)(1)                       ~Pro~'ev~i~cI~n that date of cha~m~er filing con.
                                                                                                                                                                                                                                                                                                                                                                                                 t~al~t~i~l~ishmen~t.
                                                         the records of an advisory committee                                                                                          commenter also stated that GSA should                                                                                        ~o~l-~e~.~t~o~,3~14~o~qm                           ~E~f~i~s~m~h~o~qw~w~"~qMd~qa~r~"~"~I~4qt~"~, A re~qu~in~i~f~ire~nt lot
                                                         are to be available at a single location                                                                                      direct agencies to ensure that any                                                                                                  aid ~(~C~)~qM~.                              ~w~o~v~d~i~i           Comm Of ~h~l~ing ~l~e~n~e~m to
                                                                                                                                                                                                                                                                                                                                                                  ~Q~jSA by ad" Provision for ~q"
                                                         and it is the CMO who is responsible for                                                                                      members of an advisory committee who                                                                                                                                       ~dat~q" on charl~ers~; Makes ref~ate~d
                                                         ensuring that this is accomplished. GSA                                                                                       are subject to the Hatch Act (5 U~.S.C.                                                                                                                                     change to        ~co~p~os of           ~Pres~o~c~l~en~tia~l advi.
                                                                                                                                                                                                                                                                                                                                                                  sory committee c~ma~n~a~irs tur~n~isn~ed to
                                                         has therefore decided against relaxing                                                                                        7321~-7328) are aware of their obligations                                                                                                                                  ~"~Ne
                                                         the requirements of ~qJ 101~-6.1017 in the                                                                                                                                                                                                                                                                      ~C~o~r~9~q-~.
                                                                                                                                                                                       under that law.                                                                                                              ~10~1~-~6~.1015 (~a)(2~)                       ~Pr~o~y~4~as for ~t~im~e~t~y n~o~b~c~os in ~qf~qt Fed-
                                                         final rule.                                                                                                                       For the following reasons. GSA has                                                                                              and ~qf~qt ~1).                             Wall ~R ~0~8~1                   on a ~c~ai~e~n~dar~-~i~s~a~y
                                                            The commenter who expressed                                                                                                                                                                                                                                    ~-~6.~101~7 ~qW                              1~11~qM~.
                                                                                                                                                                                       adopted neither suggestion. First. GSA                                                                                       ~10~1                                     Ad~qO ~n~a~i~l~lt~w~o~7~qw~qn ~M~W ~m~i~a~t~"~b~w~s~h~p
                                                                                                                                                                                                                                                                                                                           and ~(~d~i~.                               ~l~e~st~3 and c~l~~o~qW Mee" ~qf~qtl~i~t~n~i~n~ur~m~i~.
                                                         concern over the haphazard approach to                                                                                        does not believe that the traditional                                                                                                                                      t~ion~s be ~i~n~ducl~a~c~! ~i~n r ~,
                                                         recordkeeping suggested that the final                                                                                        activities of an advisory. committee fall                                                                                    ~1~0~1~-~6.1025~(b)               ........... Adds ~re~t~i~l~se~f~f~i~e~nt from section 10(c~) o~t
                                                         rule should: (1) Require agencies to keep                                                                                     within the scope of the activities which                                                                                                                                   a* A~Ct on ~O~W ~C~ar~"t~i~c~qa~on to ~qf~qt
                                                                                                                                                                                                                                                                                                                                                                  ac~c~ww~y o~f ~t~r~o~m~i~rt~qm ~c~t ~f~f~i~e~n~n~g~s.
                                                         committee records available for a                                                                                             18 U.S.C. 1913 was designed to protect                                                                                       10~1~-~4~.~%~02~7~qf~qt                ........... ~A~d~qf~qt ~f~t~i~&~wer~n~e~m to ~M~qO~V ~S~qm~i~q~K~W~O
                                                         certain period of time after a committee                                                                                      against. Second. the Federal Advisory                                                                                                                                ~ ~q~ an ~a~p~ir~m~ir ~?~0~0                                                        ~a
                                                         has terminated, and (2) address the                                                                                           Committee Act itself does not reference                                                                                                                                    ~c~w~r~m~w~qw
                                                                                                                                                                                                                                                                                                                                                            ~p~rc~iv~i~i~t~l~l~e~i~i ~qW ~qf~qt~a~w~n for ~q" COOK Of
                                                         perceived unavailability of the                                                                                               the Hatch Act. and there is already a                                                                                                                                      ~O~P~q" with ~O~W ~L~A~X~W~Y ~0~1 ~C~o~m~p~t~i~l~l~is~a.
                                                         deliberative process privilege under the                                                                                      body of regulations on political
                                                         fifth exemption of the Freedom of                                                                                             activities by Federal employees which                                                                                               Other sections were also amended or
                                                         Information Act (FOIA) to advisory                                                                                            has been issued by the Office of                                                                                             revised for clarity of interi~t. or corrected
                                                         committee records. For the following                                                                                          Personnel Management, 5 CFR Part 733.                                                                                        for errors in content and format.
                                                         reasons. GSA has not adopted these                                                                                            Also. the Special Counsel of the Merit                                                                                              These sections include:
                                                         comments.                                                                                                                     Systems Protection Board, who has
                                                            First, pursuant to the National                                                                                            responsibilities for investigation and
                                                         Archives and Records Administration                                                                                           administrative prosecution of alleged
                                                         Act of 1984. as amended. Pub. L. 98~-497,                                                                                      Hatch Act violations. issues advisory                                                                                        101~-~6.~1002~id~)               ..........  C~l~i~i~a~i~ng~m ~c~i~f~t~e~m of ~"~"~* A~o~" to t~qf~qt
                                                         the Archivist of the United States is                                                                                         opinions on Hatch Act questions. GSA                                                                                                                                       C~l~ov~arr~o~r~an~i~t at ~V~w Su~r~d~r~u~n~e ~*~4~L
                                                         resp6ns~ible for records management in                                                                                         sees no need to issue regulations in this                                                                                    ~101~-                                    c~l~a~n~v~a~s ~p~r~o~v~o~qw for ~-~,                                                     ~qf~qt
                                                                                                                                                                                                                                                                                                                           ~S~. ~1007(~b)~Q~X~ii~i~).                      ~11~1~6~1~111~1:111c~i~n Of ~f~f~l~e~f~f~it:~411,~11~1 ~V~X~M ~r~e~a~p~ill~ict to
                                                         the Federal Government. including the                                                                                         area when there are already regulations                                                                                                                                    ~Al~it~t~o         ~b~a~t~t~a~nc~e.
                                                         issuance of regulations and guidance for                                                                                      in piece and an administrative                                                                                               ~10~1~-~4~~1~0~0~9                              corrects ~t~a~ll~e of                                  to
                                                                                                                                                                                                                                                                                                                                                                  ~i~n~a~q"~1~0~0 ~a~f~t~a~m~qm of ~"
                                                         records retention and disposition. as                                                                                         mechanism available through agencies                                                                                                                                                  ~1 or ~w~o~m~qm~qm ~a~w                                 ~a~r ~e~a~-
                                                         well as the process for identifying                                                                                           with greater responsibilities in this area                                                                                                                                                 ~t~v in ~p~w~o~o~qf~qt
                                                                                                                                                                                                                                                                                                                    ~M~" -a                                   cam= ~1~qM~0~1~9 of Meow ~V ~P~q-
                                                         records -a ppropria te for transfer to ~qf~ql~a                                                                                    ~t~qh~qm GSA.                                                                                                                                                                   ~qM~qm~r~qw~% ~e~c~qw~q" of ~qM~qw~~d~"~"
                                                         permanent Archives of the United                                                                                                                                                                                                                                                                         ~s~o~qm~e~w ~b~w ~i~qm.
                                                                                                                                                                                       ~6qC~qgm~r~q@~qh~4qy the P~qm~ee~2qd~qw~i~e~s f ~qi~v~- ~qT~qmns~qw~qi~t~t~qh~8q*                                                                                       ~-~i~o~i~-~a~i~o~qm~qw~i                             ~o~w~*~qm ~w~M~a~" me ~4~1 ~r~a~qf~qt~~~~l ~qf~qt~e~-
                                                         States. Since the Federa~qi Advisory                                                                                                                                                                                                                                                                       ~qM~W ~qM~w~e at ~8~9~21~1~1~N~O~W~M~S                                               no
                                                                                                                                                                                       ~6qF~a~ql~6qk~qw up ~2qR~e~qp~qr~t~qf~qt off ~2qR~4qk~a~i~n~2qk~7~s~t~"~qd
                                                         Committee Act is silent on records                                                                                                                                                                                                                                                                                       ~?~W ~c~o~m~m~i~r~i~a~qm
                                                         disposition for advisory committees. we                                                                                       Advisory Committee Recommendations                                                                                                                                                       by ~W~a~l~f ~c~ir ~i~a~l~l~i~n~i~t~i~Nh~O by ~4~0
                                                         see no reason or basis for GSA to alter                                                                                            One c~omme~nter requested                                                                                                 ~1~0~1~-~6.1017            ...............   El~i~n~W~O~qM ~1~0 ~W ~C111 ~0~01~c~m                                      ~qf~qt~l ~1~0
                                                         normal ~8qGovernmentwide procedures in                                                                                           clarification in I i~l~qa~i~-~qe~.~t~0qw~q5~q(a~q) of the                                                                                                                                    ~p~e~c~t~a~A~s ~-~-~q-~qv~q-
                                                                                                                                                                                                                                                                                                                    ~10~1-~6~.~tQ~1~9            ...............
                                                         this area which are the ~r~q6~2qWn~s~qib~qi~qltty of                                                                                       proposed rule on the procedures                                                                                                                                      ~:                         ~F              ~c~ol~i~qm.
                                                         the Archivist of the Unit~qe~20qd~8qi~0qt~0qates.                                                                                            required for transmittal of follow-up                                                                                        10~q1-~q4.~q102~q7~q(a~qM3~q)                         S~qP~qO~qC~qO~qW~qS ~q9~q0 ~qm~0q@ Of ~2q~ ~q"~qM
                                                                                                                                                                                                                                                                                                                                                                  ~qP soft Oran ~qS~0qW~qC ~qp~ql~qa~2qw ~8qW~6q-
                                                         Second. the commenter suggested that                                                                                          reports to the Congress on the                                                                                                                                             now@ a ~qe~qv~q"~qM~2qf~2qt~qe~q.
                                                         the Government's settlement of the law                                                                                        disposition of Presidential advisory                                                                                         ~q1~q011~q-~q4~q-~qt~qo~4qn~qa)(~q1~q)                         ~qc~ql~ql~qe~qr~qi~qf~qt~qs to ~qp~qr~q0~qc~4qm ~qV~q4~q0~8qM ~qO~qW ~qr~qe~q.
                                                                                                                                                                                                                                                                                                                                                                  ~qa~qn~qo of ~qo~qw~6qm~qM~qm~0qm is 111 ~q%
                                                         suit involving records of the Attorney                                                                                        committee recommendations. as                                                                                                                                              ~qd~qr~qe~8qf~8qt~qi~qll ~qb~qV ~q1~q8w                              ~qa~qin~qi~4qm~qn ~qw-
                                                         General's Commission on Pornography                                                                                           required by section ~q6~8q(b) of the Act. GSA                                                                                                                                   wool ~ql~qi~q,
                                                                                                                                                                                                                                                                                                                    ~q1~q0~q1~q-~q6~q.~q1~q0~q3~q1~q4~q9~q)                           call" ~- ~q- ~q- of ~qs~qe~qc~q"~qn ~q1~q0 ~qW~qC~qW~qW
                                                         was a concession that the deliberative                                                                                        has decided to retain the proposed                                                                                                                                         ~qp~8qM ~qo~4qw~qw~qa~qt~qi~4qm ~q&~qO~8qW~2qf~2qtd Of 1~q11111~qK~q.
                                                         process privilege under the fifth                                                                                             language in the final rule without further                                                                                                                                                  to to ~qo~qp ~q" raw a
                                                                                                                                                                                                                                                                                                                                                                                       fir ~qM~0qM ~qc~qr~4qw~8qw
                                                         exemption of FOIA does not apply to                                                                                           modification at this time. GSA agrees                                                                                                                                      ~q1~q41~111111~q1~q11111~q6
                                                         advisory committees. Since cases may                                                                                          that there has been some confusion as to                                                                                     ~q10~q1~q-6.~q1~q03~q11~4q0                ..........  ~qS~ql~qi~ql~ql~qi~qc~ql~qs~q" to ~qV~qW ~q1~q9                                NO ~qat~qe~qs
                                                                                                                                                                                                                          agency responsible for                                                                                                                  ~q&~qW ~qa~qa~qa~qw~4qf~4qt ~qJ~qW                                 A ~qc~qa~qt~qm
                                                         be settled for a variety of reasons which                                                                                     whether the                                                                                                                                                          ~2q@
                                                         do not involve a decision on the merits.                                                                                      supporting the Presidential advisory
                                                         GSA does not believe that the mere                                                                                            committee. or GSA. should transmit the
                                                         settlement of a matter in litigation is                                                                                       report. GSA intends to propose fu                                                                                   ~q-~qrther   A~16q"~8qdon~qa~qll Instructions
                                                         di~qspo~qsitive of the legal issues raised in                                                                                     guidance in a future revision to this final
                                                         the litigation. Accordingly. GSA has                                                                                          rule following more consultation with                                                                                               Pursuant to section 7~2q(d) of the Act. the
                                                         determined not to adopt this suggestion.                                                                                      the affected agencies.                                                                                                       guidelines contained in this final rule
 

~0





                                 Federal Register             Vol. 52. No. 231               Wednesday, December 2. 1987                      Rules and Regulations 4~q5~0qK~qI~4qM
                          with respect to uniform fair rates of pay                  Sec.                                                   the creation or elimination of. or chan~qg
                          for comparable services for members.                       101~-~6.10~08 The role of GSA.                            in regulations. guidelines, or rules
                          staffs and consultants of advisory                         101~-~6.100~9 Responsibilities of an agency               affecting agency business: whether the
                          committees have been established after                     head.                                                  information to be obtained is already
                                                                                     101~-6.1010 (Reserved~ql
                          consultation by the Administrator with                     ~1~0i~-~6.1o1i Responsibilities of the                     available through another advisory
                          the Director. Office of Personnel                          chairperson of an independent                          committee of source within the Federal
                          Management.                                                Presidential advisory committee.                       Government. whether the committee
                                                                                     101~-6.1012 ~qlRe~served~q)                                  will make recommendations resulting in
                          Executive Order 12291                                      101~-~6,1013 Charter filing requirements,                significant improvements in service or
                          GSA has determined        that this final                  101~-6.1014 ~qlReserved~ql                                  reductions in cost; or whether the
                          rule is not a major rule for purposes of                   101~q4.1015 Advisory committee information               committee's recommendations w~qi~ql~qi
                          Executive Order 12291 of February 17,                      which must be published in the Federal                 provide an important additional
                                                                                     Register.
                          1981~, because it will not result in an                     lo~i~-~6~.iol~o ~q[Reserved~ql                                  perspective or viewpoint impacting
                          annual effect on the economy of ~q$100                       101~-~6.1017 Responsibilities of the agency              agency operations;
                          million or more, will not cause a major                    Committee Management Officer.                          (b) An advisory committee shall be
                          increase in costs to consumers or others,                  ioi~-~e.~io~qu [Reserved]                                   terminated whenever the stated
                          and will not have significant adverse                      ioi-~e.io~i~i~; Duties of the Designated Federal           objectives of the committee have been
                          effects. GSA has based all                                 Officer.                                               accomplished: the subject matter or
                          administrative decisions on this final                     101~-8.1020 [Reserved)                                  work of the committee has become
                          rule on adequate information concerning                    101~q4.1021 Public participation i~n advisory             obsolete by the passing of time or the
                                                                                     ~committee meetings.
                          the need for and consequences of this                      1~01~-~6.1022 (Reserved]                                  assumption of the committee's main
                          final rule. GSA has also determined that                   101~-~6.10~23 Procedures for closing an                   functions by another entity within the
                          the potential benefits to society from                     advisory committee meeting.                            Federal Government; or the agency
                          this final rule far outweigh the potential                 101~-~6.1024 [Reserved]                                  determines that the cost of operation is
                          costs. has maximized the net benefits.                     10~1~-~6.102~5 Requirement for maintaining                 excessive in relation to the benefits
                          and has chosen the alternative involving                   minutes of advisory committee ~me~e~f~i~n~g~s~.                accrui~2qM to the Federal Government:
                          the least net cost to society.                             1o~i~-~-~q&~io2~e [Reserved~ql ~,                                ~.~q1~c) An advisory committee shall be
                                                                                     I~qM-~4~.10~27 Termination o~qfa~qdv~isory                       balanced i~n its membership in terms of
                          R~e~qg~i~ala~tory ~qflex~qi~qb~qi~qll~qi~ty Act                               committees.
                                                                                     loi~-~e.~1oz~e (Reserv~edl                                  the points of view rep~resented~q4~ind the
                          These regulations are not subject to                       ~1~0~1~-~&~I~o~qn Renewal and rechartering of                   functions to be performed; and,
                          the regulatory flexibility analysis or                     advisory committees.                                   (d) An advisory committee shall be
                          other requirements of 5 U.S.C. 603 and                     ic~l~i-~&i03~0 [Reserved]                                  open to the public in its meetings excep~"~q1~8q6
                          604.                                                       10~1~-~.~&~1~031 Amendments to advisory                      in those circumstances where a closed
                                                                                     committee charters.                                    meeting shall be determined proper an*
                          ~6qUst of Subjects in 41 CF~qR Part 10~q1~-~q6                       ~i~cn-~&~2032 ~qlRe~ser~v~edl
                                                                                     loi-a~a~0~33 Compensation and expense                     consistent with the provisions in the
                          Civil rights. Government property                          reimbursement of advisory committee                    Government in the Sunshine Act 5
                          management. Grant programs.                                members, staffs and consultants.                       U.S.C. 552(b).
                          Intergovernmental relations, Surplus                       ~i~qm~-~a1034 [Reserved]
                          Government property, Relocation                            10~1~-~&~10~35 Reports required for advisory                101~-4~L~I003 ~qD~e~qt~0qmon~a~.
                          assistance. Real property acquisition.                     co~n~imittees.                                           "Act" means the Federal Advisory
                          Federal advisory committees.                               I ~q1~q0~q1~-~8qm~qo~qo~ql scope                                       Committee Act. as amended. 5 U.S.C.~,
                                                                                                                                            App.
                          Accordingly. 41 CFR Part 1~q0~q1~-6 is                          (a) This subpart defines the policies.                 "Administrator" means the
                          amended as follows:                                        establish minimum requirements. and                    Administrator of General Services.
                                                                                     provide guidance to agency management                  ..Advisory committee" subject to the
                          PART 101-~q6~q-MISCELLA~6qMEOUS                                   for the establishment. operation.                      Act means any committee. board.
                          REGULATIONS                                                administration. and duration of advisory               commission. council. conference. panel.
                          ~q1. The authority citation for 41 CFR                       committees subject to the Federal                      task force. or other similar group. or any
                                                                                     Advisory Committee Act as amended.                     subcommittee or other subgroup thereof
                          Part 101~-~q6 continues to read as follows:                   Reporting requirements which keep the                  which is established by statute, Or
                          Authority: Sec. ~Z~6qMc)~. 83 Slat. 3~90: 40                     Congress and the public informed of the                established or utilized by the President
                          ~qU~.S.C. 48~q6(c): sec. 7. ~3 U.~8q&~qC~-. App~.; and LO~.              number, purpose. membership.                           or any agency official for the purpose of
                          I ~qZ024. 3 CFR 1977 Co~6qm~0qp.~q. p. ~1~5~5,                          activities. and cost of these advisory                 obtaining advice or recommendations
                          2. Subpart i~8qo~8ql~q-~08q&~4q10 is revised to read                      committees are also included.                          on issues or policies which are within
                          as follows:                                                (b)~q'~20qM~qe Act and this subpart do not                     the scope of his or her responsibilities.
                          Subpart ~ql~0qo~qi~q-~0q6.~0q10~q-~08q@~0q@ Advisory                               apply to advisory meetings or groups                   "Agency" has the same meaning as in
                          committee M~qan~qag~qe~qnwr~qit                                      I~q.i~qsted in ~0qi 1~2q0~8q1~q-~08q4~q-I~8qOD4~q.                               section 551(~4q1) of Tide ~8qs of the United
                                                                                     ~4q1~0q1~4q0~q1~q-~04q&~q10~4q0~8q2 Policy.                                     States Code.
                          Sec~q.                                                                                                              -Committee Management Secretariat"
                          ~q1~q0~q1~q-~q6~q.~q1~q0~q0~q1 Scope.                                          The policy to be followed by Federal                   (,*Secretariat"). established pursuant to
                          1~q0~q1~q-~q6.1~q0~q0~q2 Policy.                                         departments. agencies, and
                                       Definition#.                                  commissions. consistent with the                       the Act is responsible for all matters
                          i~qo~qi-~qa.io~2qm Examples of advisory m~qe~qeti~qnss                    Federal Advisory Committee Act. as                     relating to advisory committees. and
                             or groups not covered by the Act or this                amended. is as follows:                                carries out the Administrator's       ~qnd
                             subpart.                                                (a) An advisory committee shall be                     responsibilities tinder the Act a
                          ~q1~q0~q1~q-~q6~q.1o~qo5 Authorities for establishment of                established only when it is ~qes~qs~qen~6qhal to                Executive order 12024.
                             advisory committees.                                    the conduct of agency business. ~q.                      "Committee ~4qm~qembe~qt~q" means An
                          ~qjo~qi~q-~q6~q.iw~qe ~8qlReservedl                                       Decision criteria include whether                      individual who serves by appointment
                          1~qo~q1~q-~q6~q.~q1o~q07 Agency procedures for                           committee deliberations will result in                 on an advisory committee and has the
                             establishing advisory committees.
 






                       45930 Federal Register / Vol. 52. No. 231 / Wednesday, December 2. 1987 / Rules and Regulations
                       full right and obligation to participate in      make recommendations to State or local          this instance. the responsible agency
                       the activities of the committee, including       officials or agencies;                          head shall follow the procedures
                       voting on committee recommendations.             . (S) Any committee which is                    provided in I M-&1007;
                         "Presidential advisory committee"              established to perform primarily                  (c) By the President by Executive
                       means any advisory committee which               operational as opposed -to adviso3y             Order, or
                       advises the President. it may be                 functions. Operational functions are              (d) By an agency under general
                       established by the President or by the           those specifically provided by law. such        agency authority in Title 5 of the United
                       Congress. or used by the President in the        as making or implementing Government
                       interest of obtaining advice or                  decisions or policy. An operational             States Code or under other general
                                                                        committee may be covered by the Act if          an agency head shall follow the
                       recommendations for the President                                                                agency-authorizing law. In this instance.
                       "Independent Presidential advisory               it becomes primarily advisory in nature.        procedures provided in ï¿½ 101-6.1007.
                       Committee" means any Presidential                It is the responsibility of the
                       advisory committee not assigned by the           administering agency to determine               ï¿½ AGIALING Ifftservocil
                       President. or the President's delegate, or       whether such a committee is primardy
                       by the Congress in law, to an agency for         operational. If so. it would not fall under     1101-6.1007 Agerecyprocedumstor
                       administrative and other support and for         the requirements of the Act and this            establishing advisory committees.
                       which the Administrator of General               Subpart. but would continue to be                 (a) When an agency head decides that
                       Services may provide administrative              regulated under relevant laws, subject to       it is necessary to establish a committee,
                       and other support on a reimbursable              the direction of the President and the          the agency must consider the functions
                       basis.                                           review of the appropriate legislative           of similar committees in the same
                         "Staff member" means any individual            committees:                                     agency before submitting a consultation
                       who serves in a support capacity to an             (h) Any meeting initiated by the              to GSA to ensure that no duplication of
                       advisory committee.                              President or one or more Federal                effort will occur.
                         "Utilized" (or "used"), as referenced          official(s) for the purpose of obtaining          (b) In establishing or utilizing an
                       in the definition of "Advisory                   advice or recommendations from one              advisory committee. the head of am
                       committee" in this section. means a              individual;                                     agency or designee shall comply with
                       committee or other group composed in               (i) Any meeting initiated by a Federal        the Act and this subpart. and
                       whole or in part of other than full-time         official(s) with more than one individual         (1) Prepare a proposed charter foehe
                       officers or employees of the Federal             for the purpose of obtaining the advice         committee which includes the
                       Government with an established                   of individual attendees and not for the         information listed in section 9(c) of the
                       existence outside the agency seeking its         purpose of utilizing the group to obtain        Act: and
                       advice which the President or agency             consensus advice or recommendations.
                       official(s) adopts, such as through              However. agencies should be aware that            (2) Submit a letter and the proposed
                       institutional arrangements. as a                 such a group would be covered by the            charter to the Secretariat proposing to
                       preferred source from which to obtain            Act when an agency accepts the group,s          establish or use. reestablish. or renew
                       advice or recommendations on a                   deliberations as a source of consensus          an advisory committee. The letter shall
                       specific issue or policy within the scope        advice or recommendations.                      include the following information:
                       of his or her responsibilities in the same         (j) Any meeting initiated by a group            (i) An explanation of why the
                       manner as that individual would obtain           with the President or one or more               committee is essential to the conduct of
                       advice or recommendations from an                Federal official(s) for the purpose of          agency business and in the public
                       established advisory committee.                  expressing the group's view, provided           interest;
                                                                        that the President or Federal official(s)         (h) An explanation of why the
                       ï¿½101-6.1004 Examploesofadvisory                  does not use the group recurrently as a         committee's functions cannot be
                       meetings or groups not covered by Ow Act         preferred source of advice or                   performed by the agency, another
                       or this subpart                                  rewAmmendations-,                               existing advisory committee of the
                         The following are examples of                    Ilk) Meetings of two of mom advismy           aggincy. ov other means such as a public
                       advisory meetings or groups not covered          committee or eiiboom&ittee members              hearb* and
                       by the Act or this subpart:                      convened solely to gather information or          f iii) A description of the agency's Plan
                         (a) Any committee composed wholly              conduct research for a chartered                to attain balanced membership. For
                       of full-time officers or employees of the        advisory committee. to analyze relevant         purposes of attaining balance. agencies
                       Federal Government.                              issues and facts. or to draft proposed          shall consider for membership
                       I (b) Any advisory committee                     position papers for deliberation by the         interested persons and groups with
                       specifically exempted by an Act of               advisory committee or a subcommittee            professional or personal qualifications
                       Congress;                                        of the advisory committee; or                   or experience to contribute to the
                         (c) Any advisory committee                       (1) Any meeting with a group initiated        functions and tasks to be performed.
                       established or utilized by the Central           by the President or one or more Federal         This should be construed neither to limit
                       intelligence Agency:                             official(s) for the purpose of exchanging       the participation. nor compel the
                         (d) Any advisory committee                     facts or information.                           selection of any particular individual or
                       established or utilized by the Federal           I 101_&10" Authodess for sst@bfthm@M            group to obtain divergent points of view
                       Reserve System:                                  of edvinory committems.                         that are relevant to the business of the
                         (e) The Advisory Committee on                    An advisory committee may be                  advisory committee.
                       Intergovernmental Relations:                     established in one of four ways:                  (3) Subcommitteft that do not
                         (n Any local civic group whose                   (a) By law where the Congress                 function independently of the full of
                       primary function is that of rendering a          specifically directs the President or an        parent advisory committee need not
                       public service with respect to a Federal         agency to establish it:                         follow the requirements of paragraphs
                       program. or any State or local                     (b) By law where the Congress                 (b)(1) and (b)(2) of this section.
                       committee. council. board. commission.           authorizes but does not direct the              However. they are subject to all other
                       or similar group established to advise or        President or an agency to establish it. In      requirements of the Act.










                              Federal Register / Vol. 52. No. 231 / Wednesday. December 2. 1987                                   Rules and Regulations                      call

                       (4) The requirements of paragraphs                    ï¿½ 101-6.1009 Responsibilities of any               Federal Advisory Committee Desk.
                       (b)(1) and (b)(2) of this section shall               agency head.                                       Washington. DC 20540: and
                       apply for any subcommittee of a                       The head of each agency that uses one              (3) A copy of the charter indicating the
                       chartered advisory committee. whether                 or more advisory committees shall                  Congressional filing date. with the
                       its members are drawn in whole or in                  ensure:                                            Secretariat.
                       part from the full or parent advisory                 (a) Compliance with the Act and this               (b).4dvisory committee specifically
                       committee. which functions                            subpart;                                           directed by law or authorized by low.
                       independently of the parent advisory                  (b) Issuance of administrative                     Procedures are the same as in paragraph
                       committee such as by making                           guidelines and management controls                 (a) of this section.
                       recommendations directly to the agency                w@hich apply to all advisory committees            (c) Presidential advisory committee.
                       rather than for consideration by the                  established or used by the agency;                 When either the President or the
                       chartered advisory committee.                         (c) Designation of a Committee                     Congress establishes an advisory
                       (c) The Secretariat will review the                   Management Officer who shall carry out             committee that advises the President.
                       proposal and notify the agency of GSA's               the functions specified in section B(b) of         the responsible agency head or. in the
                       views within 15 calendar days of                      the Act;                                           case of an independent Presidential
                       receipt, if possible. The agency head                 (d) Provision of a written                         advisory committee, the President's
                       retains final authority for establishing a            determination stating the reasons for              designee shall file-
                       particular advisory committee.                        closing any advisory committee meeting             (1) The charter with the Secretariat:
                       (d] The agency shall notify the                       to the public.                                     (2) A copy of the filed charter with the
                       Secretariat in writing that either:                   (e) A review, at least annually, of the            Library of Congress. and
                       (1) The advisory committee is being                   need to continue each existing advisory            (3) If specifically directed by law, a
                       established. The filing of the advisory               committees, consistent with the public             copy of the charter indicating its date of
                       committee charter as specified in ï¿½ 101-              interest and the purpose of functions of           filing with the Secretariat, with the
                       6.1013 shall be considered appropriate                each committee;                                    standing committees on the Senate and
                       written notification in this instance The             (f) Rates of pay are justified and                 the+fouse of Representatives having
                                                                             levels of agency support are adequite:             legislative jurisdiction of the age
                       date of filing constitutes the date of                                                      t                                                         ncy or
                       establishment or renewal. The agency                  (g) The appointment of a Designa ed                the independent Presidential advisory
                       head shall then comply with the                       Federal Officer for each advisory                  committee.
                                                                             committee and its subcommittees;
                       provisions of ï¿½ 101-6.1009 for an                     (h) The opportunity for reasonable                 101-&1014    (Pam ved)
                       established advisory committee: or                    public participation in advisory                   J 101-6.101S Adv" conwiMse
                       (2) The advisory committee is not                                                                                                                     0
                       being established. In this instance, the              committee activities: and                          information which must be published In the
                       agency shall also advise the Secretariat              (i) That the number of committee                   Federal Register.
                       if the agency head intends to take any                members is limited to the fewest                   (a) Committee establishment.
                       further action with respect to the                    necessary to accomplish committee                  reestablishment, orrenewal. (1) A
                       proposed advisory committee.                          objectives.                                        notice in the Federal Rooter is required
                                                                             ï¿½ 101-6.1010 (Resemod)                             when an advisory committee, except a
                       ï¿½ 101-6.1006 The role of GSA.                                                                            committee specifically directed by law
                       (a) The functions under section 7 of                  1-101-4.1011 ROSPon"uu" of the                     or established by the President by
                       the Act will be performed for the                          -i of an Widispwidsrit PresidentLe!           Executive Order, is established. used.
                       Administrator by the Secretariat. The                       commiftes.                                   reestablished. or renewed. Upon
                       Secretariat assists the Administrator in              The chairperson of an independent                  receiving notification of the completed
                       prescribing administrative guidelines                 Presidential advisory committee shall              review from the Secretariat in
                       and management controls for advisory                  comply with the Act and this subpart               accordance with paragraph (c) of             1121-
                       committees. and assists other agencies                and shall:                                         6.1007. the agency shall publish a notice
                       in implementing and interpreting these                (a) Consult with the Administrator                 in the Fecleral Register that the
                       guidelines. In exercising internal                    concerning the role of the Designated              committee is being established. used.
                       controls over the management and                      Federal Officer and Committee                      reestablished. or renewed. For a new
                       supervision of the operations and                     Management Officer and                             committee. such notice shall also
                       procedures vested in each agency by                   (b) Fulfill the responsibilities of an             include statements describing the nature
                       section 8(b) of the Act and by 1101-                  agency head as specified in paragraphs             and purpose of the committee and that
                       6.1009 and 1101-8.1017 of this rule.                  (d) and (h) of I IM-6-1009.                        the committee is necessary and in the
                       agencies shall conform to the guidelines              1101-&1012 IRO"rvodl                               public interest.    t and reestablishment
                       prescribed by GSA.                                                                                       (2) Establishmen
                        (b) The Secretariat may request                      1101-C1013 Ch@rWft*r*qLdrQ"nt&                     notices shall appear at least 13 calendar
                       comments from agencies on                             No advisory committee may operate.                 days before the committee charter is
                       management guidelines and policy                      meet. or take any action until its charter         filed. except that the Secretariat may
                       issues of broad interagency interest of               has been filed as follows:                         approve less than 15 days when
                       application to the Federal advisory                   (a) Advisory committee established                 requested by the agency for good cause.
                       committee program.                                    used reestablished or renewed by an                The is-day advance notice requirement
                        (c) In advance of issuing informal                   agency. The agency head shall file-                does not apply to committee renewals-
                       guidelines. nonstatutory reporting                    (i) The charter with the standing                  notices of which may be published
                       requirements. and administrative                      committees of the Senate and the House             concurrently with the filing of the
                       procedures such as report formats of                  of Representatives having legislative              charter.
                       automation. the Secretariat shall request             jurisdiction of the agency;                         (b) Committee meetings. (1) The
                       formal or informal comments from                      (2) A copy of the riled charter with the           agency or an independent Presidential
                                                                             library of Congress. Exchange and Gift             advisory committee shall publish at
                       agency Committee Management                                                                              least is calendar days prior to an
                       Officers.                                             Division. Federal Documents Section.


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                          45932 Federal Register / Vol. 52. No. 231 / Wednesday, December 2~. 1987 / Rules and Regulations

                          advisory committee meeting a notice in          (e) Chairs the meeting when so                 in the Sunshine Act in the meeting
                          the Federal Register, which includes:           directed by the agency head.                   notice published in the Federal Register.
                          (i) The exact name of the advisory              ~q(f) The requirement in paragraph (b) of
                          Committee as chartered;                         this section d~Q~e~s not apply to a               ï¿½ 10~1~-6.1024 ~q(Reserved~q]
                          (~i~i) The time. date. place, and purpose         Pres~qidentia~qi advisory committee.               ï¿½10~1~-~6.1025 R~*~quir~a~qm~qw~A ter ~qm~e~w~ita~b~q*~ig
                          of the meeting:                                 ï¿½ 101~-~6.1020 [Reserved]                        ~qf~qt~nut~e~s of advisory co~qm~qm~Ht~e~e meetings.
                          ~8qW~qi~ql A summary of the agenda; and                                                               (a) The agency head or. in the case of
                          (iv) A statement whether all or part of         ï¿½ 101~-~6.1021 Public participation in           an independent Presidential advisory
                          the meeting is open to the public or            advisory committee meetings.                   committee. the chairperson shall ensure
                          closed, and if closed, the reasons why.         The agency head. or the chairperson            that detailed minutes of each advisory
                          citing the specific exemptions of the           of an independent Presidential advisory        committee meeting are kept. The
                          Government in the Sunshine Act (5               committee, shall ensure that-                  minutes must include:
                          U.S.C. 552(b)) as the basis for closure.        (a) Each advisory committee meeting            (1) Time, date. and place:
                          (2) In exceptional circumstances, the           is held at a reasonable time and in a          (2) A list of the following persons who
                          agency or an independent Presidential           place reasonably accessible to the             were present:
                          advisory committee may give less than           public:                                        ~q@i~q) Advisory committee members and
                          15 days notice. provided that the               (b) The meeting room size is sufficient
                          reasons for doing so are included in the        to accommodate advisory committee              staff-,
                          committee meeting notice published in           members. committee or agency staff.            (ii) Agency employees; and
                          the Federal Register.                           and interested members of the public:          (iii) Members of the public who
                                                                          (c) Any member of the public is                presented oral or written statements:
                          ï¿½ 101~-~q6.101~q6. [Reserved]                        permitted to file a written statement          (3) An estimated number of other
                          ï¿½ ~101~-~q6.1017 Responsibilities of the            with the advisory committee; and               members of the public pre~s~q*~n~t-~.
                          agency Committee Management Officer.            (d) Any member of the public may               (4) An accurate description of each
                          In addition to implementing the                 speak at the advisory committee                matter discussed and the resolution. if
                          provisions of section 8(b~q) of the Act, the      meeting if the agency's guidelines so          any. made by the committee of such
                          Committee Management Officer will               pemit~.~'                                        matter and
                          carry out all responsibilities delegated                                                       (~q5) Copies of each report or other
                          by the agency head. The Committee               ï¿½ 101~-~q6.1022 ~q(R~e~s~er~v~edl                        document received. issued, or appr~qdved
       J~t                 Management Officer should also ensure           ~qï¿½~101~-~q6.~1023 Pr~o~c~o~qdur~esfor~c~lo~8q"~a~n                by the committee.
                          that section 10(b). 12(a) and 13 of the         ~a~qd~v~qis~0qm committee meeting~,                      (b~q) The chairperson of each advisory
                          Act are implemented by the agency to            (a) To close all or part of a meeting.         committee shall certify to the accuracy
                          provide for appropriate recor~qdkeeping.          an advisory committee shall submit a           of all minutes of advisory committee
                          Records include, but are not limited to:        request to the agency head or. in the          meetings.
                          (a) A set of approved charters and              case of an independent Presidential            ~q110~q1~-~q4~0q002~q6 [Reserved)
                          membership lists for each advisory              advisory committee, the Administrator,
                          committee:                                      citing the specific provisions of the          ï¿½ 101~-~6.1027 T~o~r~qm~i~n~at~la~i~i of ~a~d~v~il~sOry
                          (b) Copies of the agency's portion of           Government in the Sunshine Ac    ~'t (5         corn~n~dtt~o~es.
                          the Annual Report of Federal Advisory           U.S.C. 5~q52(b)) which justify the closure.      (a) A~qny advisory committee shall
                          Committees required by paragraph (b) of         The request shall provide the agency           automatically terminate not late than ~q2
                          ï¿½ 101~-6.1035;                                   head or the Administrator sufficient           years after it is established.
                          (c~q) Agency guidelines on committee              time to review the matter in order to          ~qm~e~s~t~qs~qb~ql~qii~ahed. or renewed. u~n~0qk~e~qw
                                                                                               ~qg~v~qm ~%~0
                          management operations and procedures            make a d~ete~r~i~v~qi~n~a't~qi~qm ~, 1                      ~q(~q1~q) Its duration is otherwise provided
                          as maintained and up~qda~te~c~qL and                  ~qpu~qb~qbca~l~8qd~o~nof the meeting ~i~s~atice               for ~qb~qy law-,
                          (d) A~qgency~,de terminations to ~0qd~x~qm               required                                                          or agency head
                                                                                !by I ~q3~0qW~-~0q&~8qW1~q3~q(~qb~q1                         (2) The P~qm~8qdd~E~n~t
                          advisory committee meetings as                  ~qJb~qJ ~qT~q?~qw general counsel of the agency          renews it prior to ~qt~qbe end of such period:
                          required by paragraph (~c) a( ~qS I~4qM~-              or, in the case of an ~qInd~e~qp~endl~ent             or
                          6.1023.                                         Pr~i~ts~qi~qd~ent~qial advisory corr~imitte~e. ~0q*~0         (3) ~qT~qhe President or agency head
                          ~qï¿½ ~1~0~1~-~6~.~10~18 [Reserved~q)                         general counsel of the General Services        term~qi~qm~t~es~ it before that time by
                                                                          Administration should review all               revoking or abolishing its establishment
                          ï¿½ 10 1 ~-6.1019 Duties of the 0~6~8~6~4qW~N~qf~qt~d          requests to close meetings.                    authority.
                          Federal Officer.                                ~q(c~q) If the agency head or. in the case         ~2q(~qb~2q) if an agency bead terminates an
                          The agency head or, in the case of an           of an independent Presidential advisory        advisory committee. the agency shall
                          independent Presidential advisory               committee. the Administrator agrees            notify the Secretariat of the effective
                          committee. the Administrator shall              that the request is consistent with the        date of termination.
                          designate a Federal officer or employee.            o~qns in the Government in the
                          who may be either full-time or                  =no Act and the Federal Advisory               I ~q1~4q011~q-~6q&~qI~04qM ~2qift~qe~qel ~qy~qe~qd~6ql
                          permanent part time, to be the                  Committee Act. he or she shall issue a         ~4q1~q1~4q0~q1~q-~04qm~08qM pw~4qw~04q"~qand~qr~qo~qch~qe~qrt~qer~20qf~20qt~qof
                          Designated Federal Officer for each             determination that all or part of the          ~qa~0qd~qv~0qil~qsorv ~qc~qo~qn~qv~qn~00qm~0qn~q&
                          advisory committee and its                      meeting be closed.
                          subcommittees. who:                             (d) The agency head. or the                    (a) Advisory committees specifically
                          (a) Must approve or call the meeting            chairperson of an independent                  directed by l~qa~qv~qr~q.
                          of the advisory committee.                      Pr~qesid~qentiat advisory committee. shall:        ~6q(1~6q) Who" duration extends beyond ~4q2
                          (b) Must approve the agenda:                    ~2q(1~2q) Make a copy of the determination           years shall~, require rechartering by th~qe
                          (~qc) Must attend the meetings:                   available to the public upon request. and      filing of a new charter every 2 years
                          (d) Shall adjourn the meetings when             (2) State the reasons why all or part of       after the date of enactment of the law
                          such adjournment is in the public               the meeting is c~0qlo~4q"~0qd~q. citing the specific      establishing the committee. If a now
                          interest; and                                   exemptions used from the Government            charter is not file& the committee is not
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                           Federal Register / Vol. 52, No. 231 / Wednesday, December 2, 1987 / Rules and                            Regulations 45933
                 terminated. but may not meet or take              (i) Amend the charter language as            position would appropriately be placed
                 any action.                                     necessary, and                                 (5 U S.C. Chapter 51). An agency may
                   (2) Which would terminate under the             (ii) File the amended charter as             not fix the pay of a staff member at a
                 provisions of section 14 of the Act, and        specified in 1101-6-1013.                      rate higher than the daily equivalent of
                 for which renewal would require                   (2) To make a major amendment to a           the maximum rate for CS-15, unless the
                 reauthorization by law, may be                  committee charter, an agency shall:            agency head has determined that under
                 reestablished by an agency provided               (i) Amend the charter language as            the General Schedule the staff member's
                 that the agency complies under general          necessary;                                     position would appropriately be placed
                 agency authority with the provisions of           (ii) Submit the proposed amended             at a grade higher than GS-15. This
                 ï¿½ 101-6.1007.                                   charter with a letter to the Secretariat       determination must be reviewed
                   (b) Advisory committees established           requesting GSA's views on the amended          annually by the agency head.
                 by the President may be renewed by              language, along with an explanation of           (1) In establishing rates of
                 appropriate action of the President and         the purpose of the changes and why             compensation, the agency head shall
                 the filing of a new charter.                    they are necessary. The Secretariat will       comply with any applicable statutes,
                   (c) Advisory committees authorized            review the proposed changes and notify         regulations. Executive Orders, and
                 by law or established or used by an             the agency of GSA's views within 15            administrative guidelines.
                 agency may be renewed. provided that            calendar days of the request. if possible;       (2) A staff member who is a Federal
                 at least 30 but not more than 60 days           and                                            employee shall serve with the
                 before the committee terminates. an               (iii) File the amended charter as            knowledge of the Designated Federal
                 agency head who intends to renew a              specified in I 101-BAM3.                       Officer and the approval of the
                 committee complies with the provisions          ï¿½ 101-6.1032 [Reserved]                        employee's direct supervisor. If a non-
                 of 1101-6.1007.                                                                                Federal employee. the staff member
                   101-6.1030 (Reserved)                         ï¿½ ioi-&ion Compensation and expense            shall be appointed in accordance with
                                                                 reimbursement of advisory committee            applicable agency procedures, following
                 ï¿½101-6.1031 Amendments to advisory              members, staft and consultants.                consultation with the advisory
                 committee charters.                               (a) Uniform pay guidelines for               committee.
                   (a) Committees specifically directed          members of an advisory committee.                (c) Pay for consultants to an advisory
                 by low or authorized by low, or                 Nothing in this subpart shall require an       committee. An agency shall fix the pay
                 established by the president. The               agency head to provide compensation,           of a consultant to an advisory `
                 agency head shall be responsible for            unless otherwise provided by law, to a         committee after iving consideration to
                 ensuring that any minor technical               member of an advisory committee.               the qualification: required of the
                 changes made to current charters are            However, when compensation is                  consultant and the significance. scope.
                 consistent with the relevant statute or         deemed appropriate by an agency. it            and technical complexity of the work.
                 Executive Order. When the Congress by           shall fix the pay of the members of an         The compensation may not exceed the
                 law, or the President by Executive              advisory committee to the daily                maximum rate of pay authorized by 5
                 Order, changes the authorizing language         equivalent of a rate of the General            U.S.C. 3109. and shall be in accordance
                 which has been the basis for                    Schedule in 5 U.S.C. 5332 unless the           with any applicable statutes,
                 establishing an advisory committee, the         members are appointed as consultants           regulations, Executive Orders and
                 agency head. or the chairperson of an           and compensated under 5 U.S.C. 3109. In        administr6tive guidelines.
                 independent Presidential advisory               determining an appropriate rate of pay           (d) Gratuitous services. In the absence
                 committee. shall:                               for the members, an agency shall give          of any special limitations applicable to a
                   (1) Amend those sections of the               consideration to the significance. scope.      specific agency. nothing in this subpart
                 current charter affected by the new law         and technical complexity of the matters        shall prevent an agency from accepting
                 or Executive Order: and                         with which the advisory committee is           the gratuitous seMces of an advisory
                   (2) File the amended charter as               concerned and the qualifications               committee member. staff member, or
                 specified in ï¿½ 101--6.1013.                     required of the memben of the advisory         consultant who agrees in advance -to
                   (b) Committees established or used by         committee. An agency may not fix the           serve without compensation.
                 an agency.'The charter of an advisory           pay of the members of an advisory                le)-Fravel expenses. Advisory
                 committee established under general             committee at a rate higher than the daily      committee members and staff members.
                 agency authority may be amended when            equivalent of the maximum rate for a           while engaged in the performance of
                 an agency head determines that the              CS-15 under the General Schedule,              their duties away from their homes or
                 existing charter no longer accurately           unless a higher rate is mandated by            regular places of business. may be
                 reflects the objectives or functions of the     statute. or the head of the agency has         allowed travel expenses. including per
                 committee. Changes may be minor, such           personally determined that a higher rate       them in lieu of subsistence. as
                 as revising the name of the advisory            of pay under the General Schedule is           authorized by section 5703 of Title 5.
                 committee. or modifying the estimated           Justified and necessary. Such a                United States Code. for persons
                 iumber or frequency of meetings.                determination must be reviewed by the          employed intermittently in the
                 ,hanges may also be major such as               head of the agency annually. Under this        Government service.
                 Lhose dealing with the objectives or            subpart. an agency may not fix the pay           (f) Services for handicapped
                 composition of the committee. The               of the members of an advisory                  members. While performing advisory
                 agency head retains final authority for         committee at a rate of pay higher then         committee duties. an advisory
                 amending the charter of an advisory             the -daily equivalent of a rate for a GS-      committee member who is blind or deaf
                 committee. Amending any existing                I& as provided in 5 U.S.C. 5332.               or who qualifies as a handicapped
                 advisory committee charter does not               (b) Pay for staff members of an              individual may be provided services by
                 constitute renewal of the committee             advisory committee. An agency may fix          a personal assistant for handicapped
                 under ï¿½ 101-6.1029.                             the pay of each advisory committee staff       employe" if the member.
                   (1) To make a minor amendment to a            member at a rate of the General                . (1) Qualifies as a handicapped
                 committee charter, an agency shall:             Schedule in which the Staff member's           individual as defined by section 301 of








                       4-5934 Federal       Register / V    ol. 52. No. 231 / Wednesday, December 2, 1987 / Rules and Regulations
                       the Rehabilitation Act of 1973 (29 U.S.C.        pay system in chapter 51 and chapter 53           (c) In accordance with section 10(d) of
                       794); and                                        of Title 5. United States Code.                 the Act. advisory committees holding
                         (2) Does not otherwise qualify for                                                             closed meetings shall issue reports at
                       assistance under 5 U.S.C. 3102 by reason         ï¿½ 101-6.1034 [Reowv*dl                          least annually, setting forth a summary
                       of being an employee of an agency.               ï¿½ 10 1 -6. 1035 Reports required for            of activities consistent with the policy of
                         (9) Exclusions. (1) Nothing in this            advisory tomrwtteft.                            Section 552(b) of Title S. United States
                       section shall prevent any person who               (a) Within one year after a                   Code.
                       (without regard to his or her service            Presidential advisory committee has               (d) Subject to section 552 of Title 5,
                       with an advisory committee) is a full-           submitted a public report to the                United States Code, eight copies of each
                       time Federal employee from receiving             President. the President or his delegate        report made bv an advisory committee,
                       compensation at a rate which he or she           will prepare a follow-up report to the          including any @-,!port on closed meetings
                       otherwise would be compensated as a              Congress detailing the disposition of the       as specified in paragraph (c) of this
                       full-time Federal employee.                      committee's recommendations 'In                 section, and. where appropriate,
                         (2) Nothing in this section shall              accordance with section e(b) of the Act         background papers prepared by
                       prevent any person who immediately                 (b) The President's annual report to          consultants, shall be filed with the
                       before his or her service with an                the Congress shall be prepared by GSA           Library of Congress as required by
                       advisory committee was a full-time               based on reports filed on a fiscal year         section 13 of the Act. for public
                       Federal employee from receiving                  basis by each agency consistent with            inspection and use at the location
                       compensation at the rate -at which he or         the ififormation specified in section 6(c)      specified in paragraph (a)(2) of 1101-
                       she was compensated as a full-time               of the Act. Reports from agencies shall         6.1013.
                       Federal employee.                                be consistent with instructions provided          Dated: November 24.1987.
                         (3) Nothing in this section shall affect       annually by the Secretariat. This report        T.C. Goldem
                       a rate of pay or a limitation on a rate of       has been cleared in accordance with
                       pay that is specifically established by          FIRMR ZM-45.6 in 41 CFR Chapter 201             Adrninistrotor of General Services.
                       law or a rate of pay established under           and assigned interagency report control         JFR Om U-27776 Filed 12-1-87: 8:43 aml
                       the Oeneral Schedule classification and          number 0304-GSA-XY-                             NLAJM CODE 600-3"























































                                                                                            Wilt


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                     4121~q4      Federal Register           Vol. 54. No. 192 / Thursday, october~.~qS. 1~q9~q8~q9 / Rules and Regulations

                     GENERAL SERVICES                                   ~SU~P~P~LE~qU~R~N~YA~R~Y ~INF~O~RMAT~IOW.                    renewing agency must provide a
                     ADMINISTRATION                                                                                   d~escr~qiption~'of its plan to attain fairly
                                                                        Background                                    balanced membership on a biennial
                     4 ~qt CFR Part 10 1-~6q4                                GSA's authority for administering the         basis arid. therefore, must address at the
                                                                        Act is contained in section 7 of the Act      time of renewal any changes to the
                     (FPMR Am~d~t. A-481                                  and Executive Order 12024 (42 ~qF~qR ~q6144~q3.       composition of the committee which
                                                                        3 CFR. 1977 Comp.. p. 158). Under             may have occurred since its
                     Federal Advisory Committee                         Executive Order 12024. the President          establishment or last renewal. ~qGSA
                     Management                                         delegated to the Administrator of             recognizes the merit of this suggestion.
                     AGENCY: Office ~of Administration. GSA.             General Services all of the functions         but believes that the Act and existing
                     Ac~T~i~o~qw Final rule.                                 vested in the President by the Act. as        ~n~qde already provide for agencies to
                                                                        amended. except that the Annual Report        accommodate the requirement for fairly
                     ~S~U~M~MA~R~qr~. This final rule provides                  to the Congress required by section 5(~c)      balanced membership. ~qGSA. therefore.
                     additional administrative and                      shall be prepared by the Administrator        has not adopted this recommendation.
                     interpretive guidelines and management             for the President's consideration and
                     controls for Federal agencies concerning           transmittal to the C~ongr~es~qi.                  ~qf~qi~e~qquir~e that Agencies Consider and
                     the implementation of the Federal                                                                Select a C~qr~a~s~s~-~qs~e~c~t~qio~n of ~6qce~r~ta~4qm
                     Advisory Committee Act. as amended (~q3              Discussion of Comments                        Membership categories
                     U~.S~.C.. App.) (hereinafter "the Act"). In          ~qGSA published a notice of proposed             The other comm~enter was of the
                     a previous issue of the Federal Rooster.           rulem~a~qking in the Federal ~qR~e~qS~qk~qA~or on          ~o~qp~qm~i~on that the language in the
                     ~6qGSA published an initial final rule an             the management of Federal advisory            proposed rule requiring that an agency
                     the management of Federal advisory                 committees. with a ~4qW~-da~qy comment              consider (only) certain categories of
                     committees (52 ~qFR 45~q92~4q& December Z                 period ending on Febru~a~xy ~qZ~q& 1~q9~4qM (53          potential members seemed to suggest
                     1987~q). This new final rule revises the             ~qFR 53022~. December 30. 1~q9~4q0). No               that ~* ~* I "so long as an agency has
                     current rule to improve further the                Federal agency submitted substantive          considered' a cr~o~ss~-~sec~t~qi~on of views
                     management and use of Federal                      recommendations. Two non-Fed~er~a~ql              and interests in the course of putting a
                     advisory committees in the Executive               commen~ter~i~; responded in writing and          Committee together. it can ultimately
                     Branch of the Federal Government.                  were highly supportive of the proposed        select any composition it w~ant~s~q@~.
                     These revisions: ~q(1~q) Clarify the                   rule. stating. for example. that "Me          including one which is one-sided and
                     guidelines applicable to achieving                 proposed rule provides greater guidance       t~qmbal~ai~n~ced.~- GSA does not believe that
                     committee memberships which are                    to agencies ~* ~* ~*~" and. that "The             the ~qg~o~ql~qidanc~e provided in the ru~6qk
                     balanced in a way that is fair and                 changes proposed by GSA ~* ~* ~*                          ~q1~q1 will cause agencies to adopt
                                                                        represent a major improvement over ~qt1~qw        ~e~s~i~c~i~a~q"a~r~q'                                  ~4q9
                     consistent with section 5(b) of the Act.           existing rules." Both comm~enter~s offered      ~t~qh~qi~ql~e perceived ~a~o~u~qm with regard to
                     (2) add new language which cross-                  Suggestions for ~qlmp~r~ov~qh~6qq two sections         membership select       leading to the
                     references regulations relating to                 of the proposed rule. both of which           results ~su~qg~6qp~s~qted by this c~omm~or~t~ie~r~.
                     Federal confl~qic~t-of-intere~st statutes and          ~ortained to provisions relating to             In any case, I ~q1~q0~q1~-~q&~1~q0~1~q5~q(~a~q)(1~q) of the
                     standards of conduct within the final              ~qp                                                 final rule will now require the
                                                                        balanced membership of advisory               now
                     ,rule: (31 clarify the procedures for              committees. Theis comments discu~s~a~ied         agency to publish In advance in the
                     transmitting follow-up reports to the              three recommendations made in relation        Federal Rooster its description of its
                     Congress as required by section ~q5~q(b) of            to I ~ql~qo11~-~q6~-~q1~q0~8qMb)(2)~q(~qiii) and to I IM~-        plan to attain fairly balanced
                     the Act on Presidential advisory                   5.101~q5~q(~a)(~q1) of the proposed rule. 'Me        membership. allowing for public
                     committee recommendations: and (4)                 disposition of them recommendations is        comments which could include those
                     provide that annual agency fiscal year             ~a~qd~qd~r~e~l~sed as follows-                         offered by any interested party who
                     reports to GSA shall also include                                                                might d~qi~q"~6qM~t ~qth~al the committee will
                     information requested to carry out the             R~o~qq~u~qi~j~r that Agencies ~qI~n~c~q/~a~qd~qi~r in Moir        be fairly balanced. Furthermore. since
                     annual comprehensive review required               Balanced Membership Plans a                   ~qt~qh~e eventual selection of members for
                     by ~%~e~c~tion 7~q1b~q) of the Act. Corrections of         Description of Plans To, A~qf~qf~qi~m~qi~n and          Am composition an advisory committee
                     minor. nonsubs~tantiv~e errors in the text           ~0qMa~qh~0qM~m~qi~n Fairly Balanced Membership            e~s~qu~qb~qb~ab~0qW           this provision rests
                     of the original final rule have also been          One comm~en~t~er stated that the final           with the agency head. ~2qGSA does not
                     made.                                              rule should require agencies to describe      believe that the final rule can compel ~&~.n
                     ~9~qMCTIV~E ~DAT~I: October ~q5. ~qI~8qM.                       plans to maintain fairly balanced             agency to make any particular
                     Ao~c~i~t~ass~es: General Services                       membership. since ~* ~* I "advisory             membership s~olecti~qlo~qw C~qSA h~e~&
                     Administration. Committee Management               committees undergo changes from the           therefore. not adopted this
                     Secretariat (CTM). Washington. DC                  initial composition through routine           recommendation.
                     2040~0q5.                                             membership rotations or the resignation       ~2qI~2qt~qe~8qqu~2qir~qe that an A~0qS~qe~qn~qcy's F~qod~qer~qi~qal
                       Copies of the two comments received              and replacement of members.' ~20qGSA              R~qe~8qg~12qW~qo~qr Notice of Establishment Solicit
                     are available for public inspection in             agrees that advisory committees often         the Proposal Of Specific Nominees for
                     Room ~0qS~6qi~4qo~0qe of the General Services                  have changing membership compo~qsi~2qd~qo~2qm           ~6qt~qn~qel~6qus~6qi~qa~qn ~qO~qn~qa Committee
                     Building. loth and F Streets. NW..                 However. section 14~4q(~qs)(2)(A) of ~qt~6qh~qe
                     Washington, DC.                                    Act provides that advisory committees           With regard to the Federal Rooster
                     PC* ~qF~qU~8qf~8qf~qr~qN~6qM ~qI~2qW~qO~qR~qMA~qT~q1~q0~q" CO~qN~qTAC~2qr.                    established by agencies shall terminate       notice of establishment required by
                     Charles F. H~qow~qton. Senior Committee                after two years unless renewed b~0qy             I ~0qi~4qo~0qi~q_~0q&m~0qs~4q(~qa~8qX~0qt~8q) of the ~2qf~2qln~qe~6qi rule. the
                     Management Specialist. Committee                   appropriate action~q. In I ~8q10~4q1~q-~04q&~0qI~4qO~32qM~qC~2q) Of        previous comm~qent~qer also suggested
                     Management Secretariat. Office of                  the original final rule. ~16qGSA requires that    ~0qf~4qW~20q6~q0~qf t~0qh~q4~0q1 ~q* ~q* ~q' ~q"~6qb~8qy requiring agencies
                     Management Services. Office of                     ~qan agency head who intends to renew a         to give the public an opportunity ~q10
                     Administration. General Services                   committee comply with the provisions of       comment on the plan for attaining fairly
                     Administration. Washington. ~2qDC ~4q204~4q0~2q5               ~8q1 lot-& 1007 Of the final rule dupl~8qic~qa~0ql~8qd~24q"     balanced membership. including by
                     (2021523~q-4884.                                     procedures ~6qfor establishment. The             proposing specific nominees for
 

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                                      Federal Register          Vol.    54.     No. 192 ~/ ~qnursday, October 5, l~g~s~g / Rules and Regulations                          41215

                             inclusion on the committee         (that)          the need for and consequences of this             (b)
                             This would be invaluable to the public             final rule. GSA has also determined that          (2) Submit a letter and the proposed
                             and would also be of great benefit to              the potential benefits to society fro             har~qter to the Secretariat proposing to
                             agencies. because it would ensure that             this final rule far outweight the potential       cestablish or use, reestablish, or renew
                             they would have the most information               costs, has maximized the net bene  Its,           an advisory committee. The letter shall
                             possible about potential committee                 and has chosen the alternative involving          include the following information:
                             members."                                          the least cost to society.                                            ~&
                             For the following reasons, GSA has                 Regulatory ~qFl~e~3~qdbil~qity Act                        ~qk~qi~qii~q) A description of the agency's plan
                             not adopted this suggestion. First. a                                                                to attain fairly balanced membership.
                             notice of establishment normally                   These regulations are not subject to              The plan will ensure that. in the
                             contains the name and telephone                    the regulatory flexibility analysis or            selection of members for the committee.
                             number of the agency official                      other requirements of 5 U.~qS.C. ~q803 and
                             responsible for responding to questions            604.                                              the agency will consider a cross-section
                             from. or for receiving comments                                                                      of those directly affected. interested.
                             provided by. any interested person.                ~6qUst of Subjects in 4~q1 C~qFR Pan ~q1~q01-~q6               and qualified. as appropriate to the
                             Such comments can include proposals                Civil Rights, Gover~a~rnent property                nature and functions of the committee.
                             for specific noininees for membership on           management. Grant programs,                       Committees requiring technical
                             a commi ~i tee. Second. notices of                  Intergovernmental relations, Surplus              expertise should include persons with
                             establishment frequently are published             Government property. Relocation                   demonstrated professional or personal
                             by an agency prior to the seiection of             assistance. Real property acquisition.            qualifications and experience relevant
                             members, and the agency would have                 Federal advisory committees.                      to the functions and tasks to be
                                                                                                                                  performed.
                             the opportunity to consider the                    Accordingly, 41 C~qF~qR part ~q10~q1~-~q6 is
                             commenter's suggestion$ of potential               amended as follows:
                             members. Even if an agency has chosen                                                                5. Section ~q10~q1~-~q6.1008 is amended by
                             the members of a committee prior to the            PART 101~-~q6~q-~6qM~qI~qSCELLA~qMEOUS                          adding paragraph (d) to read as follows:
                             publication of the notice. it can make             REGULATIONS                                       ~qJ~q1~q0~1~-~0q&100~q9 Th~e~qm~4qk~o~r~qc~-~4qM~4q&
                             changes to the membership at any time
                             during the life of the committee. Third~ql,          1. The authority citation for ~q41 CF~qR
                             ~qGSA is of the opinion that the overall             part i~4qM~-~q6 continues to read an follows:           ~q(d) The ~2qL~c~reta~,riat shall ~as~sum~0qAa~qt
                             purpose of the Federal Register notice of          Auth~a~qdty~. S~qm 20~6(c)~, ~6~3 Stat. 3~0qM 40               follow-up reports required by "COW
                             establishment, which in accordance                 U.S.C 4~0qWc~q); sec. 7. 5 U.S.C, App~@ and ~4qK~8q0~.         ~q6~q(b) of the Act are prepared ~a~n~qd ~:~q@_~q4
                             with I 10~q1~-~q6~.~q1015(a)(2) of the final rule          22024. 3 CFR ~1~9~7~7 Comp~. ~qp. 1~5L                    transmitted to t~qh~e Congress as ~i
                             shall appear at least is days before the           I Section ~qjoi-~qa.io~2qn is amended by                 by the President either by his de        te.
                             filing of the committee's charter. is to           revising paragraph (a) to read follows:           by the agency responsible for providing
                             provide the public an opportunity to                                                                 support to a Presidential advisory
                             comment on the necessity or any other              ~q1~q0~q1~-~8qm~qo~qo~ql Sao"                                     committee. or by the responsible agency
                             aspect of the proposed committee.                                                                    or organization designated pursuant ~qt~o
                                                                                (a) This subpart defines the policies,            paragraph (c) of ~qJ 10~q1~-~q&~q1~q0~q11~. In
                             Additional Information                             ~estab~qli~r~)hes minimum requirements. and            performing this function. GSA may
                             The guidelines contained in this final             provides guidance to agency                       solicit the assistance of th~e Office of
                             rule with respect to I ~qioi~-~q4.100~q8~q(d).              management for the establishment.                 Management and Budget and other
                             wherein GSA may solicit the assistance             operation, administration. and duration           appropriate organizations, as deemed
                             of the Office of Management and Budget             of advisory committees subject to the             appropriate.
                             in assuring the completion of follow-up            Federal Advisory Committee Act~. 8~8                ~8q& Section 1~q01-~-~4q&~q200~q9 is amended by
                             reports required by section ~q6~q(b) of the            amended. Reporting requirements which             revising ~qp~a~r~2qw~qm~qph~s (e~q@ ~q(h~q) ~&~0q" ~6q4 a"
                             Act, were developed by GSA after                   keep the Congress ar~8qW the public                  by ~a~qd~2qf~2qt ~qpa~r~e~qS~r~a~qp~qh~g ~q0~q1 and ~q(~q1k~q) to mad
                             consultation with that agency.                     informed of the number. purp~o~s~p-                  as ~qf~a~ql~qlo~qw~i~c
                             Similarly, the guidelines contained in             ~s~a~qm~qber~ship activities~, and cost of these          ~qI~f~0qA~'~S~.~0q&~J~4qO~0qW
                             this final rule with respect to I 101L~-            ad~v~qi~s~qm~qv c~i~ann~0qa~t~e~ss are aim ~qk~q=~qb~0qW~A~2q&                 ~8qq~qP~q0~2qW INS&
                             ~q6~.i~8qW~q9~qj~qj~qb wherein an agency head shall                 ~0     ~W            ~6                                     ~%
                             ensure that ~t~'he interests and aff~qi~qf~qt~ati~on~s          Section U~qn~-~q6~.~q1~qL~8q= is a~qm~e~0~qd~8d b~qY                  ~qf~qal A review. at 11~q0~4qM a~qm~ua~8qf~8qt~- Of ~qt~qh~e
                             of advisory committee members are                  ~qw~v~qi~&~2qW~qg ~qpa~r~a~qgr~ap~qh (c) to read as                   need to ~c~o~i ~- I each e~3~qd~2qon~qg advisory
                             reviewed consistent with ~r~e~qsulatio~ns               follows:                                          committee. consistent with t~qh~e Public
                             published by the Office of Government                                                                interest and the purpose and functions
                             Ethics. were developed by GSA after                ~qJ ~q1~q6~q1~-~0qc~l~qo~4qu ~qP~o~0qf~0qt~qy.                                 of each committee;
                             consultation with that agency.                                     ~q-    ~8q-                                           ~q9
                             Executive Order ~0q1~04q=1                                ~6q(~qc~6q) ~4qL ~qG~2q;~qVi~qs~qo~qr~2qy committee shall be                 ~6q(~0qh) ;~0q1~qi~qo ~q-                 reasonable
                                                                                fairly balanced in its membership in                      opportunity for
                             GSA has determined that this final                 terms of th~qe points of view represented                  ~qr~qf~qi~qc~qipatio~qn in advisory
                             rule is not a major rule for the purposes          a~0qt~qid the functions to be performed; and           ~qc~qomm~8qi~0qt~0qt~2q" activities~q;
                             of Executive Order 12~08qM of February 17.             .  ~qe                                              (i) That the j~qiu~qsib~qer of committee
                             1~4q9~0qs~4q1~q. because it will not result in an             4. Section ~4qjo~4ql-~08qalo~8qo~4qY is amended by                members is limited to the lowest
                             annual effect on the economy ~0qof ~0q$~4q1~08qW                revising the introductory text of                 necessary to accomplish COM-'
                             million or more. will not cause a major
                             increase in costs to consumers or others,          paragraph (b)(2) and paragraph (~4qb~6q)~0q(2)(~2qii~2qi)        ob~0qi~qe~qc~2qd~qv~q*~qc
                                                                                to read as follows:                               ~6q(~0qj~0q) ~0ql~24qU~8qt the interests and &Motions
                             and will not have significant adverse                                                                of advisory committee members an
                             effects. GSA has based a~2ql~6ql                         I 10~4q1~q-~12qCIW ~4qA~12qW~12qM Procedures f~0qO~qr                      reviewed consistent with ~qr~q0~60q0~qst~2ql~q0~qa~qs
                             administrative decisions on this final             ~qi     ~00qN No advisory ~qc~qa~0qm~qa~0qd~0qt~qh~4qW~2q&                     published by the Of~6qf~6qic~q* Of Government
                             rule on adequate information concerning





                                                                                                ~16qA~12q2~16q7
 

~0




                  41216       Federal Register          Vol. 54, No. 192         Thursday. October ~5~. 1989             Rules and Regulations

                  Ethics in s CFR parts 7~q34, 735. and 737.         revising Paragraph (a)(1) to read as             President. a follow-up report will be
                  and additional requirements. if any.             follows:                                         prepared and transmitted to the
                  established by the sponsoring agency             ~qï¿½ 101~-~q6.10~15 A~d~v~i~s~8qM~e~qmm~itt~e~e                      Congress as determined under
                  pursuant to Executive Order 12574, the           Information which must be pub~qi~qlsh~ed In the       paragraph (d) of I ~q10~q1~-~q6.~qI~8qW8~, detailing
                  conflict-of-intere~st statutes. and the           Federal Register.                                the disposition of the committee's
                  ~qFth~qic~s in Government Act of 1978. as                (a) ~* ~. ~.                                     recommendations in ~eccordance with
                  a~qmend~ru: and                                        (1) A notice in the Federal Register is       section ~q6~q(b) of the Act. Reports shall be
                    ~0qN Unless otherwise specified by t~qhe            required when an advisory committee              consistent with specific instructions
                  President, the preparation and                   except a committee specifically dire~2q&d           issued periodically by the Secretariat.
                  transmittal of a follow-up report to the         by law or established by the President             (b) The President's annual report to
                  Congress detailing the disposition of the        by Executive Order. is established. used.        the Congress shall be prepared by GSA
                  puhl~qic recommendations of a                      reestablished. or renewed. Upon                  based on reports filed on a fiscal year
                  Presidential advisory committee                  receiving notification of the completed          basis by each agency consistent with
                  supported by the agency, in accordance,          review from the Secretariat in                   the information specified in section ~q5~q(c)
                  with sections 6(b) o ~.f the Act.                 accordance with paragraph (c) of 110~q1-           of the Act. Reports from agencies shall
                    7. Section 101~-6~.1011 is amended by            ~q6~.1007. the agency shall publish a notice        be consistent with instructions provided
                  revising paragraphs (a) and (b): and by          in the Federal Register that the                 annually by the Secretariat. Agency
                  adding paragraph ~q(c) to read as follows:         committee is being established. used.            reports shall also include information
                                                                   reestablished. or renewed. For a new             requested to enable the Secretariat to
                  ~q@~1~0~1~-~q6~.~10~1~qi ~qR~e~s~4qw~a~qf~qt~4q"t~qt~q"~o~ql~ith~e                    committee. such notice shall also                carry out the annual comprehensive
                  chairperson of an independent Presidential       describe the nature and purpose of the           review of each advisory committee as
                  advisory c~omm~ktt~e~e~.                              committee and the agency's plan to               required by section 7(b) of the Act.
                                                        to~r        attain fairly balanced membership, and           These reports have been cleared in
                    (a) Consult with th~0q:Administra                 shall include a statement that the               accordance with ~qF~qU~0qM Subpart ~qZ~2qM~-
                  concerning the role of the Designated            committee is necessary and in the public         4~q5.~q6 in 41 C~qFR chapter ~q2M and ass~qign~e~i~qi
                  Federal Officer and Committee                    interest.                                        interagency report control number 030~q4~-
                  Management Officer                                                                                GSA~-~qX~2qX
                    ~q(b~q) Fulfill the responsibilities of an            ~q9. Section ~q1~q0~q1~-~8q4.103~q3 Is amended by
                  agency head as specified in paragraphs           revising paragraphs (a) and (~qb) to read
                  (d). (h~q) and ~q(j~q) of I j~qo~qi~-e~.1~8q"~, and              as follows:                                        Date& August Z3. I~4qM.            ~Z
                    (c) Unless otherwise specified by the
                  President, consult with the                      ~qj ~q1~q0~q1~-~4q&~q1~q03~q5 Reports ~r~o~qq~8qW~4qM for                    Richard G. Au~2q"
                  Administrator regarding the designation          Oft" ~c~O~qm~qm~0qm~q"~I~L                                    Acting Administrator of Ce~n~e~r~a~ql S~e~rv~qi~e~qf~qt
                  of an agency or organization responsible            (a) Within one year after a                   ~q(~8qm Doc. ~qm~-~qm~4qa Riled ~i~0~q4~-~0qf~0qt US am)
                  for implementing section ~q6~q(b) of the Act.        Presidential advisory committee h~e~&
                    ~8. Section 101~-6.1015 is amended by            submitted a ~qp~l~iblic report to the                ~ï¿½~K~A~J~qM ~c~o~qm
 




                           I


  0           APPENDIX B:         SANCTUARY DESIGNATION DOCUMENT AND REGULATIONS









  9    .








  .0,






                               Cmv%i                                            0


          TO BE INSERTED AFTER FINAL REVIEW OF REGULATORY PACKAGE



















                                                                                0












                                            B-2










              APPENDIX C:-   STATE AND FEDERAL AUTHORITIES APPLICABLE TO THE
  0                          MONTEREY BAY AREA










  is










   0
                                                 C-1











                                         TABLE OF CONTENTS                           PAGE
            I.    State and Federal Authorities Applicable to the Monterey
                  Bay Area  . . . . . . . . . . . . . . . . . . . . . . . .            C-3

            II.   State Authorities                                        * *  * *    C-3
                                                                           . . . .     C-4
                  A. The California Coa;t;l*A@t*
                  B. California State Environmental Protection        Agency   . . .  C-7
                  C. Water Quality Control Act        . . . . . . . . . . . . .        C-8
                  D. Fish and Game Code      . . . . . . . . . . .       . . . .      C-10
                        1. Regulations of Sport and Commercial       Fishing          C-lo
                        2. Endangered Species    . . . . . . . . . . . . . .          C-12
                        3. Protection of Migratory Birds       . . . . . . . .        C-12
                        4. Oil Spill Contingency Plans       . . . . . . . . .        C-13
                  E. SB 2040, The Lempert-Keene Oil Spill Prevention and
                        Response Act    . . . . .                                     C-13
                  F. Cunningham-Shell Tideland; A*ct'                                 C-16
                  G. Control of Oil Discharges from Vess;ls*                          C-17
                  H. Air Resources      . . . . . . . . . . . . . . . . . ..          C-17

            III. Federal Authorities       . . . . . . . . . . . . . . . . .          C-19
                  A.   Magnuson Fishery Conservation and Management        Act        C-19
                  B.   Endangered Species Act     . . . . . . . .   :  . . .  .       C-21
                  C.   Marine Mammal Protection Act      . . . . . . . . . . .        C-22
                  D.   Migratory Bird Treaty Act      . . . . . . . . . . . .         C-25
                  E.   Clean Water Act     . . . . . . . . . . . . . . . . .          C-25
                  F.   Rivers and Harbors Act     . . . . . . . . . . . . . .         C-28
                  G.   Ports and Waterways Safety Act      . . . . . . . . . .        C-28
                  H.   Act to Prevent Pollution from Ships        . . . . . . .       C-30
                  I.   The oil Pollution Act      . . . . . . . . . . . . . .         C-31
                  J.   The Marine Plastic Pollution Research and Control Act          C-34
                  K.   The Federal Aviation Act     . . . . . . . . . . . . .         C-34
                  L.   Clean Air Act    . . . . . . . . . . . . . . . . . .           C-35
                  M.   Outer Continental Shelf Lands Act        . . . . . . . .       C-35
                  N.   Title I of the Marine Protection, Research, and
                        Sanctuaries Act    . . . . . . . . . . . . . . . . .          C-36
                  0.   National Historic Preservation Act       . . . . . . . .       C-37

            IV    Additional Special Areas/Agencies        . . . . . . . . . .        C-38
                  A. Los Padres National Forest       . . . . . . . . . . . .         C-38
                  B. Military Activities        . . . . . . . . . . . . . . .         C-39











                                                  C-2









               I.   State and Federal Authorities ADDlicable to the Monterey Bay
                    Area


               Introduction

                    Presented below is an overview of the various State and
               Federal management authorities which have statutory responsibility
               for protecting marine resources in the proposed Monterey Bay
               National Marine Sanctuary study area. This discussion includes a

               description of relevant legislative mandates as well as,

               administrative measures taken to accomplish them.



               II. State Authorities

                    The State's jurisdiction in the area under consideration

               extends 3nm (5.6 km) offshore from the mean high tide line. State

               authorities range in approach and scope from broad regional

               management programs such as the California Coastal Act to laws

               intended to control specific threats or protect specific resources.

               The authorities with broad jurisdiction are described first,

               followed by those addressing a specific threat or resource,

               respectively.

                    A recent initiative by the Governor of California (Apri]L,.

               1991) proposes to combine a  number of exisitng agencies, and

               creates one new Board, into a new California Environmental

               Protection Agency, a new cabinet level agency designed to

               streamline and coordinate the state's environmental programs. The
               new agency will combine the Air Resources Board, that regulates
               automobile emissions and assists local governments in regulating

               air emmissions from stationary sources   the Integrated Waste

                                                C-3









          Management Board, to help local governments meet waste reduction
          goals of 25 percent by 1995 and 50 percent by 2000; the State Water
          Quality Resources Control Board that governs state water rights and
          oversees state water pollution controls; the Depratment of Toxi c
          Substances, that assess various methods for cleaning up toxis in
          the air, water and land; the Department of Pesticide Regulation,
          that sets, monitors and enforces the use of pesticides for
          agricultural purposes; and the office of ENvironmental Health

          Hazard Assessment that ascertains the environmental risks from
          chemicals in the air, water, food, solid and hazardous waste,
          .sediment and various consumer products.



               A. The California Coastal Act of 1976 (Cal. Pub. Res. Code

               30000 et seq.]

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

          of the California Coastal Management Program. 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 (3.0 nm or

          5.6 km), including all offshore islands), and extending inland

          generally 1,000 yards from the mean tide line. In significant
          coastal, estuarine, habitat, and recreational area, it extends

          inland to the first major ridge line or 5nm   8km) from the mean

          high tide, whichever is less.


                                           C-4








                     Activities in State waters must comply with the policies
               established by the CCA. In addition, seaward of state jurisdiction
               Federal activities directly affecting the coastal zone must be
               conducted in a manner which is consistent with these policies to
               the maximum extent practicable and activities which require a
               federal license or permit must be conducted in a manner consistent

               with these policies (16 U.S.C. ï¿½ 1456)

                     Provisions of the CCA which address activities or concerns

               relevant to the consideration of a marine sanctuary include:
                     1)   Article 4, Section 30230 granting "special protection to"

                          areas and species of special biological or economic

                          significance and requiring uses of the marine environment

                          to be carried out so as to maintain biological

                          productivity.

                     2)   Article 4, Section 30233 limiting dredging and filling in

                          coastal waters to situations where "there is no feasible

                          less environmentally damaging alterna tive" and the

                          activities are related to specific li-sted purposes.

                     3)   Article 5, Section 30240 protecting sensitive habitat

                          areas against "any significant disruption of habitat

                          values" and against impacts from adjacent development

                          which would "significantly degrade" the area.

                     4)   Article 7, Section 30262, regulating oil and gas

                          development.

                     The CCA establishes the State Coastal commission to implement

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


                                                 C-5










          governments adopt local plans approved by the Commission. In

          marine areas the Commission will continue to be the State

          permitting agency and be responsible for reviewing consistency for
          Federal activities and Federally licensed activities including OCS

          activities, which are of particular importance to the area under

          consideration. Local governments with jurisdiction over areas

          affected by OCS activity are invited by the CCC to participate in

          the public hearing process, and CCC deliberations, and to present

          determinations of whether'OCS activity is consistent with the local

          coastal plan. Local coastal plans are presently being prepared

          throughout the study area. Most of the counties and cities within

          the study area have fully certified local coastal plans. These

          include San Mateo, Santa Cruz and Monterey Counties, and Santa

          Cruz, Capitola, Watsonville, Marina, and Sand City. Communities
          still requiring certification for portions of their plans include

          Seaside, Monterey, Pacific Grove and Carmel.
               To facilitate early containment of an oil spill, the CCC has
          required one lease holder (Exxon, for exploratory drilling on
          certain tracts in the Santa Barbara Channel) to have certain
          minimum oil spill containment and cleanup equipment on drillships
          or at the site at all times, e.g.,: 1)  15oo feet of open ocean
          containment boom and a boat capable of deploying the boom, 2) one
          oil skimming device capable of open use, and 3) fifteen bales of
          oil sorbent material.' Also, the CCC has determined that, for
          reasons of navigation safety and environmental protection, the
          placement of drillships in or within 500 meters of sea lanes

                                           C-6









               established by the U.S. Coast Guard is inconsistent with the

               Coastal Plan.

                    With regard to public trust lands, i.e. State tidelands and

               submerged lands, a significant role is also played by the State
               Lands Commission (SLC). Prior to certification, the SLC may review

               and comment on any aspect of a proposed Local Coastal Plan that

               could affect State lands (Cal. Pub. Res. Code ï¿½ 30415). 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 CCA also requires that diking, filling or dredging in open

               coastal waters, wetlands, or estuaries shall be permitted only for

               certain listed purposes, and only where there is no feasible less

               environmentally damaging alternative, and where mitigation measures

               have been provided (California Coastal Act ï¿½30233). Finally the

               CCA requires the CCC to designate "Sensitive Coastal Resource

               Areas", which must then be acted upon by the Legislature within two

               years.

                    In addition, recent amendments to tlxe CoastaJL Zone Management
               Act require the CCC to prepare and submit, in coordination with.the
               State Water Quality Resources Control Board, to the Administrator

               of EPA and the Secretary of Commerce for approval a Coastal Non-

               point Pollution Control Program.



                    B. California Envirgnmental Protection Agenpy

                    California State Environmental Protection Agency was created


                                               C-7










           by Governor Wilson in April 1991 to streamline and coordinate the

           state's environmental programs. The new Agency creates an Office

           of the Secretary which serves as the primarly point of

           accountability,-reporting directly to the Governor, for the

           management of environmental programs and brings together the

           functions which cut across the various programs designed to address

           pollution in a specific medium, e.g., air, surface water, ground

           water, land disposal, ocean disposal, etc.

               It specifically, incorporates the following State

           Environmental Agencies: (1) The Air Resources Board, (2) the
           Integrated Waste Management Board, (?) The State Water Quality
           Resources Control Board, (4) The Department of Toxic Substances
           Control (including the Toxic Substances Control Program), (5) The
           Department of Pesticide Regulation and, (6) The Office of

           Environmental Health Hazard Assessment.



               c. water Quality Control Act (California Water Code ï¿½13300 et

                s
               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 and the nine regional water quality control
           boards have primary authority for regulating water quality in

           California.
                The Water Quality Control Plan for oceans Waters of California
           (19ss), which set standards for water quality characteristics for

                                           C-8









                ocean waters within state jurisdiction, places particular emphasis
                on maintaining water quality in Areas of Special Biological

                Significance (ASBSs). To be classified as an ASBS, an area of

                ocean water must be considered to contain biological communities of

                such extraordinary value that no risk of change in their

                environments resulting from man's activities is considered

                acceptable (California Water Resources Control Board, 1988).

                Wastes must be discharged a sufficient distance from designated

                ASBSs to ensure that natural water quality conditions within the

                area are maintained. This is accomplished (i.e., administered) by

                Regional Water Quality Control Boards  (RWQCBs) which, via a permit

                procedure, set waste discharge restrictions upon!

                     a)   elevated temperature wastes;

                     b)   discrete, point source or industrial process wastes; and
                     C)   non-point source wastes such as, but not limited to,

                          storm water runoff, silt., and urban runoff.

                     ASBS designations have no impact on vessel wastes, dredging
                control, or dredge spoil deposition because the California Ocean
                Plan, of which ASBSS are a part, is not applicable to those

                activities.
                     Finally the SWRCB, responsible for developing part of a joint
                Coastal Non-Point Source Program, in cooperation with the CCC (J
                6217, CZMA) (in conjunction with Regional Boards) and submitting
                the program for approval to the Administrator of EPA and the

                Secretary of Commerce.




                                                 C-9












              D. Fish and Game Code

              The California Department of Fish and Game, under the Fish and

          Game-Code (and Chapter 14 of the Administrative Code), regulates

          and manages a wide variety of activities affecting the fish and

          game resources found on the land and in water areasunder state

          jurisdiction. The Department of Fish and Game programs can be

          placed into four categories: 1) enhancement of environmental

          quality necessary for the maintenance of fish and game resources,

          2) habitat protection through both regulations and property

          ownership, 3) prohibition of activities which may cause direct harm

          to individual species, and 4) management of fish and game stocks

          for commercial and recreational use. Specific programs of

          relevance to the study area other than ecological reserves
          (discussed above) are regulation of sport and commercial fishing,
          protection of endangered species, protection of migratory birds,

          and coordination of the oil spill contingency plans.




                    1. Regulations of SRort and-Commercial Fishing
               The Department of Fish and Game regulates sport fishing
          through license and bag limit systems. A sport fishing license is
          required for the taking and possession of fish for any non-
          commercial purpose (California Fish and Game Code ï¿½7100).
               Commercial fishing, including the taking of tidal
          invertebrates for commercial purpose, is also governed by a
          licensing system. Certain species found in the study area are


                                          C-10









               protected from commercial take; all other species may be taken in
               season (California Fish and Game Code ï¿½8140). Species found in the
               study area include: striped bass, kelp bass, sand bass, spotted
               bass, yellowfin croaker, spotfin croaker, sturgeon'and California
               corbina (California Fish and Game Code ï¿½ï¿½8370-8373). The above
               species are reserved for recreation taking only. Several other

               species are subject to minimum size, seasonal and volume

               limitations.

                    Every person who operates or assists in using any boat or gear

               to take fish for profit must procure a license (California Fish and

              .Game Code ï¿½7580); party boat operators must get special licenses

               (California Fish and Game Code ï¿½7920 et se .). Vessels used in

               commercial fishing operations must also carry a Department of Fish

               and Game registration number (California Fish and Game Code ï¿½7880).

               Fishing reports, described in Section 8010 et leg., must be

               supplied by buyers, processors, and anyone elsi who receives fish

               from fishermen. These reports form the basis of Department of Fish

               and Game statistics used in formulating fishery management

               policies.

                    Licenses must also be obtained by any person engraged in the

               business of mariculture (California Fish and Game Code S 6480) or

               oyster culture (California Fish and.Game Code ï¿½ 6510). State water
               bottoms may be leased for this purpose by the Fish and Game

               Commission.

                    Under the Submerged Lands Act of 1953 [43 USC S 130(c) -qt-
               seg.], California has jurisdiction over kelp within state waters as


                                               C-11








          a seabed resource. A license is required to harvest kelp for
          profit (California Fish and Game Code ï¿½6650). As with other
          commercial fisheries, a record book must be maintained (California
          Fish and Game Code ï¿½6652). The Department of Fish and Game retains
          the power to close any kelp beds if harvesting results in destroyed
          or impaired beds (California Fish and Game Code ï¿½6654).



                    2. Endangered Species (California Fish and Game Code

                    ï¿½2050 jt__ sea.)

               The California Department of Fish and Game maintains a.list of

          endangered and threatened species. It is unlawful within the state

          to take or possess any listed species. "Taking'"is defined

          (California Fish and Game Code ï¿½2050 et Seg.,) in a manner

          analogous to the interpretation under the federal act (see below).

          Listed species found in the study area are the California Clapper

          Rail, California brown pelican, the California Least tern, the

          light-footed clapper rail, and the Southern sea otter.



                    3. Protection of Migratory Birds (California Fish and

                    Game Code ï¿½355 !It &jq. and 3500 et seg.)

               In accordance with the Migratory Bird Treaty Act, California

          has provided protection for migratory birds, their nests and eggs
          by fixing areas, seasons, and hours plus bag and possession limits
          by species for migratory game birds (California Fish and Game Code
          ï¿½356). Of the birds found in the study area, the peregrine falcon,
          brown pelican, California clapper rail, California least tern,


                                          C-12








              light-footed clapper rail and Southern bald eagle (California Fish
              and Game Code ï¿½3511) have all been accorded "fully protected"
              status, which protects these birds from taking except as authorized

              for scientific research.



                        4. Oil Spill Contingency Plans California Fish and Game

                        Code ï¿½5650 et aeg.)

                   It is unlawful to_"Deposit or permit any petroleum to pass
              into the waters of the state" (California Fish and Game ï¿½5650).

              The California Department of Fish and Game together with an.
              Interagency Committee coordinates the state's oil spill contingency

              plan. Because federal law preempts state regulations of oil spill

              cleanup operations, the state's role is that of observer,

              assistant, and advisor--with the important exception that the state

              has veto power over the use of chemical agents in state waters. In

              practice, State Department of Fish and Game personnel: 1)

              investigate all spills in state waters and many spills in federal

              waters; 2) monitor, assist, and advise federal and industry cleanup

              operations; and 3) maintain liaison between various government

              agencies and industry.



                   E. SB 2040, The LemRert-Keene Oil SRill Prevention and

                   Responsg Act, 1990

                   SB 2040 establishes "a comprehensive oil spill response and
              Prevention program,for the State of C alifornia. The major
              provisions do the following:


                                              C-13








               1) Provides the Governor with the overall responsibility for
          oil spill response in the State.
               2) Requires any person who causes an oil spill to begin an
          immediate cleanup, follow approved contingency plans, carry out the
          directions of the administrator, and fully mitigate for adverse

          impacts to wildlife.

               This bill requires the Governor to appoint an administrator
          for oil spill response as a Chief Deputy Director in the Department

          of Fish and Game. The Administrator would:

          a) Develop an oil spill response training program;

          .b) Study and evaluate dispersants, new oil spill response

          equipment and techniques, and determine use of dispersants;

          c) Conduct periodic drills to test oil spill response;

          d) Coordinate Federal, State and local planning and preparation

          for oil spill response;

          e) Negotiate with Alaska, Oregon, and Washington to develop an

               interstate compact regarding tanker safety and oil spill

               response and prevention;
          f) Tnsure that trained persons are at the scene of an oil spill as

               quickly as possible;
          g) Determine the cause of any spill; and
          h) Establish rescue and rehabilitation stations for wildlife.
               SB 2040 is divided into two main.categories: Prevention and
          Response. Prevention measures include:
          ï¿½ Expanded oil tanker safety inspection programs
          ï¿½ comprehensive oil spill prevention plans required for all tankers


                                          C-14












               and terminals

               ï¿½ Vessel traffic monitoring and surveillance program

               ï¿½ Tugboat escorts in hazardous waters

               ï¿½ Emergency stations along the coast for disabled tankers

               ï¿½ Cease and Desist authority to enforce spill prevention measures

               ï¿½ Prevention and response based on "Best Achievable Protection"

               standards.

               Response measures include:

               * New state.oil spill response unit

               * Mandates massive oil industry oil spill cleanup capability

               * $100 million Emergency Fund for cleanup

               * Unlimited State borrowing authority for cleanup, funded by a 25

               cent per barrel oil industry fee

               * Comprehensive oil spill cleanup plans for all tankers

               * Unlimited qualified immunity for "good samaritan" respondents to

               spills

                60 day qualified immunity, with possible 30 day extension for

               professional respondents to spills

               * Extensive wildlife rehabilitation programs

               * $500 - $1 billion mandatory financial assurance requirements for

               tankers.

                    By regulation, the State Interagency Oil Spill Committee
               (siosc) consisting of 18 State agencies, develops the State Oil
               spill Contingency Plan   SB 2040 mandates additional
               representatives on the committee and establishes the SIOSC review
               subcommittee (SRS) to review and make recommendations on


                                               C-15









           regulations drafted by the Administrator.


                F. Cunningham-Shell Tidelands Act, as Amended (California
                Public Resources Code ï¿½6850 et secr.)
                The State Lands Commission has jurisdiction over all state
           owned lands and State submerged lands extending to 3 nmi (5.6 km)
           from the mean high tide line. Administration of state lands
           includes leasing of these lands for various legislatively
           authorized purposes; in particular, oil and gas exploration and
           development. The Public Resources Code specifically requires that
           development of publicly owned mineral resources not be undertaken
           at the expense of environmental values. The State Lands
           Commission, together with the Coastal Commission, regulates
           activities pursuant to leases for oil and gas development to ensure
           that they proceed safely and that marine resources are adequately

           protected. In this regard, the State Lands commission enforces

           requirements similar to those of MMS concerning blowout prevention,

           drilling practices, production procedures, pollution control, and

           oil spill prevention, containment and cleanup.

                in order to protect particularly sensitive marine areas, the

           California State Legislature may designate oil and Gas Sanctuaries

           in which petroleum development within submerged lands is

           prohibited. Oil and gas sanctuaries are established in all State
           waters in the proposed Sanctuary area (California Public Resources

           Code ï¿½6871.2 (d)). Although leasing is normally excluded from the

           sanctuaries, should underlying oil and gas deposits risk being


                                           C-16








              drained by wells located on adjacent federal lands--thereby
              threatening the state's proprietary interest in the resource--the
              state legislature may open up affected sanctuary areas for a

              drainage sale.



                   G. Control of Oil Discharges from Vessels (California Harbors

                   and Navigation Code ï¿½133)

                   The California Harbors and Navigation Code generally applies

              to the activities of vessels operating in state waters. One of its

              purposes is to prevent the activities of vessels from adversely

              affecting the marine environment.

                   Any person who intentionally or negligently causes or permits

              any oil to be deposited in the waters of the state is liable for

              cleanup costs and subject to a $6,000 civil penalty (California

              Harbors Code ï¿½151).







                   H. Air Resources (California Health and Safety Code 93900 -e-t


                   leg.

                   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
              National Ambient Air'Quality Standards and delegated their
              implementation to local Air Pollution Control Districts (APCDs).
              The proposed Sanctuary is located partly within the following


                                              C-17








          APCD's: Santa Cruz,County, Monterey County, and San Mateo County.
               Generally, offshore oil and gas development facilities located
          within state waters must both obtain a permit from the appropriate
          APCD and meet ARB omission standards. ARB emission standards are
          also applicable to sources of emissions located beyond state waters
          that are related to an onshore facility. In essence, the permit
          for the onshore facility covers both. Emissions from offshore

          sources are considered together with those of the related onshore

          facility. The total emissions level must meet standards set by ARB

          as implemented by the appropriate APCD.

               Emissions from tankers which dock at onshore facilities

          located in California are also considered together with those of

          the related onshore facility. As with onshore oil and gas

          development facilities, the total emissions level of the tanker and

          the related onshore facility must meet standards set by the ARB as

          implemented by the appropriate APCD. Unlike other offshore

          facilities, however, neither the ARB nor an APCD has authority to

          issue permits solely for tanker emissions.




















                                          C-18












               III. Federal Au horities
                    Like State authorities, Federal programs vary greatly in
               approach and scope, ranging from fairly broad-based legislation for
               resource conservation and environmental protection (e.g., The
               National Environmental Policy Act and Fishery Conservation and

               Management Act) to regulation of specific activities and resources.



                    A. Magnuson Fishery Conservation and Management Act (MFCMA)

                    (16 USC ï¿½ 1801 et leg.)

                    The FCMA provides for the conservation and management of all

              .fishery resources between 3 and 200 rm'(5.6 and 370 km) offshore.

               The National Marine Fisheries service (NMFS) is charged with
               establishing guidelines for and approving fishery managementplans
               (FMPs) prepared by regional fishery management councils for

               selected fisheries. These plans determine the levels of commercial

               and sport fishing consistent with achieving and maintaining the

               optimum yield of each fishery. The waters of the proposed marine

               sanctuary are within the jurisdiction of the Pacific Fishery

               Management Council (PF14CY.

                    The PFMC has already completed a management plan for anchovy

               and salmon and is currently preparing plans for groundfish and jack

               mackerel -- all of which are found in the study area. The final

               northern anchovy FMP proposes several fishing area closures, none

               of which fall within the study area. The final implementing
               regulations state that commercial fishing for reduction purposes
               (e.g., fish meal and oil) may only proceed in two seasons: from


                                               C-19









          August 1 to January 31, and from April 1 to June 30. Nonreduction
          fishing may take place at any time (50 CFR ï¿½662.6).
               The salmon FMP establishes several management areas having
          different restrictions on season, size, and gear. The study area
          is part of two management areas -- Management Area D, which covers
          the area from the Oregon-California border to Tomales Point, and
          Management Area E, which covers the area from Tomales Point to the
          United States-Mexico border. Use of nets to fish for salmon is not

          allowed in either management area. Different size and seasonal

          restriction are established for commercial and recreational

          fishing.

               The FMPs for groundfish and jack mackerel address limitations

          on catch but do not consider closures. Although the FMP for
          groundfish is only in a draft stage, it does appear possible that
          the final FMP may aim to protect intertidal spawning grounds and

          kelp bed habitats such as those found in the study area, which are

          vital to the survival of lingcod, bocaccio, and numerous rockfish.

               Benthic continental shelf fishery resources located outside

          state waters, such as abalone, lobster, crabs, sea urchins, and

          corals, are subject to management under the MFCMA. Within Federal

          waters the MFCMA is enforced by the U.S. Coast Guard (USCG) and the.

          National Marine Fisheries Service (NMFS) within the Department of

          Commerce. The Act empowers the Secretary of Commerce to enter into
          agreements with any State agency for enforcement purposes in State

          waters. Such an agreement exists between the CDFG and NMFS whereby
          both parties have been deputized to enforce each other's laws. As


                                          C-20










               a result, PFMC fishery plan enforcement personnel can now enforce

               State law within 3 nm (5.6km) and State officers can enforce

               Federal laws between 3 and 200 nm (5.6 and 370 km).



                    B. Endangered Species Act (16 USC ï¿½ï¿½1531-1543)

                    The Federal Endangered Species program provides protection for

               listed species of marine mammals, birds, and fish in both State and

               Federal waters. The U.S. Fish and Wildlife Service (FWS) and NMFS

               determine which species need protection and maintain a list of

               endangered and threatened species. The most significant protection

               provided by the Endangered Species Act is the prohibition on

               taking. The term "take" is defined broadly to mean "harass, harm,

               pursue, hunt, shoot, wound, kill, trap, capture, or collect, or

               attempt to engage in any such conduct" (16 USC ï¿½1532(19)]. Fish

               and Wildlife Service regulations interpret the term take to include

               significant environmental modification or degradation and acts
               which annoy listed species to such an extent as to significantly.

               disrupt essential behavior patterns (50 CFR 17.3).
                    The Endangered Species Act also provides for the indirect
               protection of endangere d species and their habitat by establishing
               a consultation process designed to insure that projects authorizedl
               funded or carried out by Federal agencies do not jeopardize the
               continued existence of endangered or threatened species, or "result
               in the destruction or modification of habitat of such species which
               is determined by the Secretary (of Interior) ... to be critical"
               (16 USC ï¿½1536). Critical habitat areas for endangered species are


                                               C-21










          designated by the U.S. Fish and wildlife Service and the National

          Marine Fisheries Service. The 1978 amendments to the Act establish

          a Cabinet level committee authorized to exempt Federal agencies

          (through an elaborate review process) from compliance with their

          responsibilities in regard to critical habitats upon a finding that

          there are no reasonable alternatives to the action, and that its

          benefits outweigh the benefits of other actions consistent with

          conservation of the species or its critical habitat.

               Several species of marine mammals found in the study area are

          listed as endangered or threatened species. These include: 1) sea

          otter, 2) grey whale, 3) fin whale, and 4) humpback whale. The

          blue whale, sei whale, and sperm whale, which have occasionally

          been sighted in the study area are also listed As endangered or

          threatened species.
               Species of birds listed as endangered or threatened found in
          the study area include: 1) California brown pelican, 2) California
          clapper rail, 3) California least tern, 4) Southern bald eagle, and
          5) American peregrine falcon, and 6) short tailed albatross.



               c. Marine Mammal Protection Act (MMPA) (16 USC ï¿½1361
               The X"A, applies to U.S. citizens in State, contiguous zone
          and International waters, and to foreign nationals subject to U.S.
          jurisdiction. It is designed to protect all species of marine
          mammals. While MMPA*allows states to petition for the return of
          management responsibility over harvest of marine mammals,
          California has done so only with regard to the sea otter and that


                                           C-22










               petition was later withdrawn.
                    As specified in the MMPA, the Department Interior, U.S. Fish
               and Wildlife Service (FWS), is responsible for the management of
               polar bears, walrus (a pinniped), northern and southern sea otters,
               three species of manatees, and dugong; and Department of Commerce,
               National Marine Fisheries Service (NMFS), which is responsible for
               all other marine mammals. The Marine Mammal Commission advises
               these implementing agencies and sponsors relevant scientific
               research. The primary management features of the Act include% 1)
               a moratorium on "taking" of marine mammals; 2) the development of a
               management approach designed to achieve an "optimum sustainable

               population" (OSP) for all species or population stocks of marine

               mammals; and 3) protection of populations-determined to be

               "depleted".

                    MMPA defines "take" broadly to include "harass, hunt, capture,
               or kill, or attempt to harass, hunt, capture, or kill any marine

               mammal" (16 USC ï¿½1362 (12), emphasis added]. The term "harass" has

               been interpreted to encompass acts unintentionally adversely

               affecting marine mammals such as operation of motor boats in vaters

               in.which these animals are found. The XKPA allovs certain

               exceptions to the moratorium. First, the Secretary may make a

               special waiver of the moratorium on taking for particular species

               or populations of marine mammals provided that the species or

               population being considered is at or above its determined optimum

               sustainable population. No such waiver, however, has been granted
               concerning any marine mammal found in the area under consideration.


                                               C-23









               Secondly, the Act directs officials to seek $an optimum
          sustainable population (of marine mammals)" ['_6 USC ï¿½1361(6)].
          optimum sustainable Population (OSP) is defined to mean "the number

          of animals which will result in the maximum productivity of the
          population or species keeping in mind the carrying capacity of the

          habitat and health of the ecosystem of which they form a

          constituent element" [16 USC ï¿½1362(9)].

               Marine mammal species whose population is determined to be

          depleted receive additional protection. Except for scientific

          research purposes, no permit may be issued for the taking of any

          marine mammal determined to be depleted. Four species of marine

          mammals sighted within the study area (the fin whale, the southern

          population of sea otter, the humpback whale, and the grey whale),

          and three species or populations which are possible transients (the

          blue whale, the sperm whale, and the sei whale), are treated as

          "depleted" based on their listing as endangered or threatened
          species under the Endangered Species Act.
               The MMPA has also recently been amended to include requirments

          that observors be carried aboard commercial fishing vessels to
          determine levels of incidental take of marine mammals. Commercial
          fishing activites are divided into categories on the basis of gear-
          type and associated levels of potential incidental take of marine
          mammals. For example it is mandatory for Category 1 vessels such
          as gillnetters to always carry an observor, whereas Category 3
          vessels never have to carry an observor. This observor program has
          only just been initiated and although the authority for its


                                           C-24








               management is with the NMFS the day-to-day operational management

               may be delegated to state and local authorities.



                    D. Migratory Bird Treaty Act (MBTA) (16 USC ï¿½703 et sec.)

               The essential provision of the Migratory Bird Treaty Act, which

               implements conventions with Great Britain and Japan makes it

               unlawful except as permitted by regulations "to pursue, hunt, take,

               capture, kill... any migratory bird, any part, nest or egg" or any

               product of any such bird protected by the Convention (16 USC ï¿½703).

               The Secretary of the Interior is charged with determining when, and

               to what extent, if at all, and by what means to permit these

               activities. Each treaty establishes a "closed season" during which

               no hunting is permitted. A distinction is made between game and

               nongame birds. The closed season for migratory birds other than
               game birds is year-round. Of the birds found in the study area
               only certain species of ducks, geese, coots, gallinules and doves
               are considered game birds. As specifically permitted by the Act
               the California Department of Fish and Game has supplemented this
               authority with its own regulations (see Fish and Game Code

               Discussion, above).



                    E. Clean Water hct (CWA) (33 USC ï¿½1251 It igg.)
                    It is the goal of the CWA to restore and maintain the
               chemical, physical, and biological integrity of the nation's
               waters. To varying degrees, waters in the territorial sea, the
               contiguous zone, and the ocean beyond are subject to requirements


                                               C-25












           of the CWA-

               The CWAIS chief mechanism for preventing and reducing water
           pollution is the National Pollutant Discharge Elimination System
           (NPDES), administered by the Environmental Protection Agency (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.

               Since oil and gas development pursuant to Federal lease sales

           occur on the high seas, an NPDES permit from EPA is required for

           discharges associated with this activity. EPA generally grants

           NPDES permits for offshore oil and gas developments based on

           published effluent.guidelines (40 CFR Part 435). Other conditions

           beyond these guidelines may, however, be imposed by the Regional

           Administrator on a case-by-case basis. The CWA prohibits the

           discharge of oil and hazardous substances in such quantities as may

           be harmful to public health and the environment (except discharges

           outside the territorial sea permitted by the Act to Prevent

           Pollution from Ships, 1987 (33 USC ï¿½ 1901 et seq.). when such
           discharges do take place, the National contingency Plan (NCP) for

           the removal of oil and hazardous substance discharges (33 USC
           ï¿½1321(c); EO 11735, August 3. 1973), which is designed to minimize
           the impacts on marine resources, takes effect.
                The USCG, in cooperation with EPA, administers the National
           contingency Plan (NCP) which applies to all discharges of oil in


                                           C-26








               the contiguous zone and to activities conducted under the Outer
               Continental Shelf Lands Act (OCSLA). The latter includes oil and
               gas activities conducted pursuant to a lease as well as geological
               and geophysical explorations independent of a lease (43USC

               ï¿½ï¿½1337(a), 1340).
                    The NCP establishes the organizationa  1 framework whereby oil
               spills are to be cleaned up. To carry out the NCP, regional plans
               have been established; the USCG has issued such a plan for Federal
               Region IX which encompasses the study area. Under the plan, Coast
               Guard personnel are to investigate all reported offshore spills,
               notify the party responsible (if known) of its obligation to clean
               up the spill, and supervise the clean-up operation. The Coast
               Guard retains final authority over the procedures and equipment
               used in the cleanup. If the party responsible for the spill does
               not promptly begin cleanup operations, the Coast Guard may hire

               private organizations.

                    The Clean Water Act also requires that publicly owned sewage

               treatment works meet effluent limitations based on effluent

               reductions attainable through the application of secondary

               treatment by July 1, 1977 [33 USC J13,11(b) (1)    EPA does have the

               authority, however, to waive the July 1, 1977 deadline for

               secondary treatment for discharges into marine waters under certain

               circumstances (33 USC ï¿½1311(h)). Due to the unusual depth of

               marine waters off the California coast, some municipal sewage

               treatment works in California discharging into the ocean have

               requested waivers from secondary treatment requirements (43 F.R.


                                                C-27









          17484 (4/25/78)). Several communities in the study area are
          currently discharging wastes into the ocean (see Part II, Section

          2).

               Permits from the Army Corps of Engineers, (COE) which are
          based on EPA guidelines, are required prior to the discharge of
          dredged materials into navigable waters of the United States (33
          USC ï¿½ 1344)'. Two sites in Monterey Bay are currently used for
          dredge disposal. Finally, the CWA requires vessels to comply with
          marine sanitation regulations issued by EPA and enforced by the

          USCG (33 USC j 1322).



               F. Rivers and Harbors Act (33 USC H 401 et seg.)

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

          obtained from COE prior to any construction, excavation or fill

          activities in navigable waters of the United States (33 USC 403).

         'COE may refuse to issue permits on the basis of a threat to

          navigation or potential adverse effects on living marine resources.



               G. Ports and Waterways Safety Act (PWSA) (33 USC Jï¿½ 1231 At

               sea.)

               The Ports and Waterways Safety Act (PWSA), as amended by the

          Port and Tanker Safety Act of 1978, is designed to promote
          navigation and vessel safety and the protection of the marine
          environment. The PWSA applies both in state waters and in Federal

          waters out to 200 miles.
               The PWSA authorizes the U.S. Coast Guard to establish vessel


                                          C-28









               traffic services and systems for ports, harbors, and other waters
               subject to congested vessel traffic. The absence of a major harbor
               in Monterey Bay and the resulting relatively low level of vessel

               traffic into and out of the Bay has precluded the need for a vessel
               traffic separation scheme (VTSS) or other formal regulatory
               mechanisms for ensuring vessel safety.

                    The U.S. Coast Guard provides two sets of customary vessel
               traffic lanes on navigational charts for vessels traversing the

               West coast. One set of customary traffic lanes is an extension of

               the Southern VTSS for San Francisco,Bay and is intended for vessels

               traveling north and southbound along the coast. The other is

               intended primarily for east-bound traffic heading to and from ports

               further south in California. Adherence to these lanes is strictly

               voluntary. The lanes merely serve as navigational aids, indicating

               to mariners who are unfamiliar with the area that vessel traffic

               historically has followed those patterns, and that the lanes have

               been found to be safe. In addition to vessel traffic control, the

               U.S. Coast Guard regulates other navigational and shipping

               activities. It has promulgated numerous regulations relating to

               vessel design, construction, and operation designed to minimize the

               likelihood of an accident and reduce vessel source pollution.

                    The 1978 amendments of the PWSA establish a comprehensive
               program for regulating the design, construction, operation,
               equipping, and banning.of all tankers using U.S. ports to transfer
               oil and hazardous materials. These requirements are, for the most
               part, in agreement with protocols (passed in 1978) to the


                                               C-29










           International Convention for the Prevention of Pollution from
           Ships, 1973, and the International Convention on Safety of Life at

           Sea, 1974.

                 The U.S. Coast Guard is also vested with the primary
           responsibility for maintaining boater safety, including the tasks
           of conducting routine vessel inspections and coordinating rescue

           operations.



                 H. Act to Prevent Pollution from Ships (APPS) (33 USC          1901

                 et seg.)

                 The International Convention for the Prevention of Pollution

           of the Sea  by Oil, 1954, and the Oil Pollution Act of 1961 have

           been superseded by the International Convention for the Prevention

           of Pollution from Ships, 1973, as modified by the 1978 Protocol

           relating thereto (MARPOL 73/78) and implemented by the Act to

           Prevent Pollution from ships, 1980, as amended in 1982, 1987. The

           APPS regulates discharges of oil or oily mixtures from vessels with

           the exception of tankers of less than than 150 gross tons and other

           vessels of less then 500 gross tons. Enforcement of the Act is the

           responsibility of the USCG.
                 Except for discharges from machinery space bilges, tankers
           subject to the Act may not discharge oil or oily mixtures unless
           they are 50 nautical miles from the nearest land; the total
           quantity of oil discharges cannot exceed one part in 15,000 of the
           total cargo capacity. Discharges from other vessels regulated by
           the Act, and discharges from the machinery bilges of tankers must


                                              C-30









               be made as far as practicable from land and may not have an oil

               content of more than 100 parts per million. In addition to these
               requirements, dischargesby an vessel regulated by the Act must be
               made while the vessel is en route. The instantaneous discharge

               rate must not exceed sixty liters per mile.



                   I. The Oil Pollution--Act of 1990 (P.L. 101-380, 33 U.S.C.

                   2701 It ï¿½eq.)

                   The Oil Pollution Act of 1990 creates a comprehensive

               prevention, response, liability, and compensation regime for

               dealing with vessel and facility-caused oil pollution. It

               substantially increases Federal oversight of oil transportis

               divided into three subtitles: K) Prevention; B) Removal; and C)

               Penalties and Miscellaneous. Subtitle A gives added responsibility

               to the Coast Guard regarding merchant marine personnel, including

               the review of alcohol and drug abuse and review of criminal records

               prior to issuance and renewal of documentation. It also increases

               the responsibility of the Coast Guard to: 1) regulate the conduct

               of tankers by requiring some vessels to participate in vessel

               traffic service systems, and 2) authorize the region.

                   Title I creates a liability and compensation regime for tank

               vessel and facility-source oil pollution. Any party responsible
               for the discharge, or the substantial threat of discharge, of oil
               into navigable waters or adjoining shorelines is liable for the
               removal costs and damages for injury, destruction, loss or loss of
               use of natural resources, including assessment costs, real or


                                               C-31









           personal property damages, subsistence use, lost government
           revenues, and lost profits and earning capacity. NOAA has the
           responsibility of promulgating damage assessment regulations. Sums

           recovered by a trustee for natural resource damage will be retained
           in a revolving trust account to reimburse or pay costs incurred by

           the trustee with respect to those resources.

                Title II makes numerous amendments mandating that other

           Federal statues conform to the provisions of the Oil Pollution Act.

                Title III encourages the establishment of an international

           inventory of spill removal equipment and personnel.

                Title IV is divided into three subtitles: A) Prevention;

           B) Removal; and C) Penalties and Miscellaneous. Subtitle A gives

           added responsibility to the Coast Guard regarding merchant marine

           personnel, including the review of alcohol and drug abuse and

           review of criminal records prior to issuance and renewal of

           documentation. It also increases the responsibility of the Coast

           Guard to: 1) regulate the conduct of tankers by requiring some

           vessels to participate in vessel traffic service systems, and 2)
           authorize the expansion, construction, improvement and operation of

           Vessel Traffic systems in United States Ports.
                More specifically, Subtitle A establishes double hull
           requirements for tank vessels. most tank vessels ov er 5,000 gross
           tons will be required to have double hulls by 2010, while vessels
           under.5,000 gross tons*will be required to have a double hull or
           double containment systems by 2015.   All newly constructed tankers
           must contain a double hull (or double containment system if under


                                           C-32










               5,000 gross tons), while existing ve ssels are phased out over a

               period of years.
                    Subtitle B amends subsection 311 (c) of the Clean Water Act,
               requiring the Federal Government to ensure immediate removal from
               navigable waters or adjoining shorelines of any oil or hazardous

               substance that threatens to affect natural resources. It also
               requires a revision and republication of the National Contingency
               Plan within one year which will include, among other things, a Fish
               and Wildlife response plan developed in consultation with NOAA and
               U.S. Fish and Wildlife Service. Nothing in Subtitle B preempts the

               rights of States to require stricter standards for removal actions.

                    Subtitle C alters and increases civil and administrative

               penalties for discharges and violations of regulations under the

               Clean Water Act. As well as criminal penalties, other penalties

               are included for negligent operations and failure to comply with

               Federal law on carriage of liquid bulk dangerous cargoes, load

               lines, manning, and crew complements and requirements. Financial

               responsibility and civil penalties may be assessed up to $25,000

               per day. All penalties are to be paid into the Oil Spill Liability

               Trust Fund.

                     Title VII authorizes oil pollution research and technology

               development, including the establishment of an Interagency

               Coordinating Committee, that is chaired by Department Of

               Transportation and comprised of representatives from the
               Departments of Energy, Interior, Commerce (NOAA) , Environmental
               Protection Agency, Federal Emergency Management Agency, National


                                               C-33






          Aeronautics and space Administration, and the U.S. Fire              0
          Administration.

               Title IX amends the Oil Spill Liability Trust Fund and
          increases from $500 million to $1 billion the amount that can be
          spent on any single oil spill incident, of which no more than $500
          million may be spent on natural resource damages.


               J. The Marine Plastic Pollution Research and Control Act of
               1987 (MPPRCA) (33 USC ï¿½ï¿½ 1901-1903, 1905, 1907-1909, 1912)
               The MPPRCA amends the APPS to implement Annex V of the.
          International Convention for the Pevention of Pollution from Ships
          (MARPOL) in the United States. The MPPRCA prohibits dumping
          plastics at sea and severely restricts dumping other types of ship-

          generated garbage, both at sea and in the navigable waters of the
          United States. The Annex V provisions of the MPPRCA apply to all

          watercraft, including small recreational vessels.



               K. The Federal Aviation Act of 1958 (49 USC ï¿½ï¿½1301 -et.

          The Federal Aviation Act of 1958 establishes the Federal Aviation

          Administration and gives it broad powers to promote air commerce

          and to regulate the use of navigable airspace to ensure aircraft

          safety and efficient use of such airspace. In furtherance of this

          mandate, the FAA publishes aeronautical charts which provide a

          variety of information to pilots, including the location of

          sensitive areas which should be avoided.





                                          C-34










                    L. -Clean_LlLr Act (cAA) (42 USC ï¿½7401 -et peg.)

                    The Clean Air Act (CAA) sets general guidelines and minimal
               air quality standards on a nationwide basis in order to protect and

               enhance the quality of the Nation's air resources. States are

               responsible for developing comprehensive plans for all regions
               within their boundaries. Thus, as noted above, discharges of air

               pollutants within California state waters are subject to the

               control of the California Air Resources Board.

                    Beyond state waters, in EPA Region IX, which includes the

               study area, EPA has asserted that the new Prevention of Sigificant.

               Deterioration (PSD) provisions of the CAA apply to new sources on

               the OCS that can adversely affect air quality over the United

               States (EPA Office of General Counsel Opinion, April 18, 1978).

               These regulations would supplement Department of the Interior OCS

               air quality regulations. However, the U.S. Ninth Circuit Court of

               Appeals has held that the 1978 Amendments to the OCSLA grant the

               Secretary of the Interior exclusive authority topromulgate
               regulations for compliance with ambient air quality standards
               pursuant to the Clean Air Act (State of California v. KILeppe, Doc.

               No. 2363 (9th Cir. Amqust 20, 1979).



                    M. outer Continental Shelf Lands Act OSCLA (43 USC ï¿½1331 At

                    &e
                    The outer Continental Shelf Lands Act, (OCSLA) as amended in
               1978 and 1985, establishes Federal jurisdiction over the mineral
               resources of the outer Continental Shelf (ocs) beyond 3 nm (5.6 km)


                                               C-35










          and gives the Secretary of Interior primary responsibility for
          managing OCS mineral exploration and development. The Secretary's

          responsibility has been delegated to the Minerals Management

          Service (MMS).

               In unique or special areas, MMS may impose special lease

          stipulations designed to protect specific geological and biological

          phenomena. These stipulations may vary among lease sale tracts and

          sales. Lessees are required to include, in exploration,

          development and production plans, specific information concerning

          emission and their potential impacts on coastal areas. MMS.is also

          .charged with supervising OCS operations and enforcing regulations

          under its supervisory role made pursuant to OCSLA (30 CFR Part 250
          and 256) and the enforcement of stipulations applicable to

          particular leases.

               In addition to DOI, both the Army Corps of Engineers (COE) and

          the U.S. Coast Guard (USCG) have responsibility over OCS mineral
          development under the PWSA to the extent that such development
          affects navigation. COE is responsible for ensuring, through a
          permit system, that OCS structures including pipelines, platforms,
          drill-ships, and semi-submersibles, do not obstruct navigation [43
          USC ï¿½ 1333]. USCG ensures that structures on the OCS are properly
          marked and that safe working conditions are maintained onboard [43

          USC S 1333].


                N. Title I of the Maring Protection. Research, and
                Sanctuaries Ac (33 USC ï¿½ï¿½1401 et seg.).


                                           C-36









                   Title I of the Marine Protection, Research, and Sanctuaries

              Act (MPRSA), also known as the Ocean Dumping Act, addresses the
              dumping of materials into the territorial sea, the contiguous zone

              and the ocean beyond. EPA regulates, through the issuance of

              permits, the dumping of all materials except dredged materials; COE

              exercises authority over dredged materials.



                   0. National Historic Preservation Act (NHPA) (16 USC     470

                   et seg.)

                   The National Historic Preservation Act authorizes the

              Secretary of the Interior to maintain a National Register of

              "districts, sites, buildings, structures, and.objects significant

              in American history, architecture, archeology, and culture". Sites

              have been listed on the National Register which include or are

              composed entirely of ocean waters and submerged lands within state

              waters or on the Outer Continental Shelf.

                   Should any sites in the study area be listed on the National

              Register, any federal agency conducting, licensing, or assisting an

              undertaking which may affect a listed site must provide the

              Advisory Council on Historic Preservation a reasonable opportunity

              to comment on the proposed action (16 USC ï¿½470f). The basic

              criterion applied by the Council is whether the undertaking will
              change the quality of the site's historic, architectural,
              archeological, or cultural character (36 CFR Part 800).






                                              C-37









          IV. Additional Special Areas/Agencies

               A. Los Padres National Forest

               The United States Forest Service is responsible for the
          management of the Los Padres National Forest. The Forest parallels
          the coast from Mount Carmel (near Point Sur) in the north to the
          Monterey County-San Luis Obispo County boundary in the south. The
          Forest includes two coastal areas, one encompassing Cooper Point
          and Pfeiffer Point at the northern boundary of the Forest and the
          other extending from the Lucia vicinity (near Lopez Point) to the
          Monterey County-San Luis Obispo County boundary.

               For management purposes, the Forest is divided into several

          planning units. Both coastal areas of the Forest are included

          within the Big Sur Coastal Planning Unit. The unit as a whole is

          52 sm (83 km) long and varies from 3 to 9 sm (4.8 to 14.4 km) in

          width. Both coastal areas also fall within the boundaries of the

          California Sea otter Game Refuge. Adjoining the Planning Unit are

          four State Parks, including the Julia Pfeiffer Burns State Park,

          which is operated in conjunction with the adjacent under-water

          park, and two ASBSs at Julia Pfeiffer Burns Underwater Park and the

          ocean area surrounding the mouth of Salmon Creek (see above).

               Management policies for the Big-Sur coastal Planning Unit are

          described in a recently issued Land Management Plan. The Forest

          Service worked closely with many governmental agencies in the

          formulation of the plan, including, in particular, the CDNR and

          CDFG, which manage areas directly adjacent to the unit. it is the
          intent of the plan that all management policies be implemented in


                                           C-38










               harmony with affected agencies.

                    Specific management policies of the plan which are relevant to

               the study area include ensuring the protection of the Salmon Creek
               and Julia Pfeiffer Burns Underwater Park ASBSs prior to proceeding
               with any resource development, maintaining a high level of water

               quantity and quality, and ensuring that the management of the

               Planning Unit is consistent with the California Coastal Plan for

               the Monterey Coast.



                    B. Military Activities

                    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. While onshore dune

               backstops contain most stray shots, a certain proportion reach the

               adjacent ocean area.

                    Commercial and sport boating and fishing activities are

               prohibited in the restricted area on days when the ranges are used.

               A colored warning flag is flown onshore whenever the ranges are

               used. The restricted area appears on all nautical charts of the
               Bay, and schedules for the range are published in the Coastal
               Pilot. Two U.S. Army patrol boats escort mariners away from the
               restricted zone on practice firing days. This danger zone also is
               utilized for Navy mine warefare operations from February through


                                               C-39











          July each year.
               The restricted area maintained by the U.S. Army in Monterey
          Bay appears to provide adequate protection to the sensitive marine
          resources from any currently conducted military training activities
          which might adversely affect them. The U.S. Navy's utilization of
          a nearby Bay portion for mine sweeping maneuvers from February
          through July each year appears to pose no serious threat to the

          resources and qualities of the area. On-going law enforcement
          programs involving overflights and use of vessels also appear to be
          infrequent and pose no threat to Sanctuary resources and qualities.
               No prohibition set forth in the Sanctuary regulations shall

          apply to activities that are necessary for national defense or law

          enforcement. It is,suspected that current and projected levels of

          military activity are consistent with the purposes for which the

          Sanctuary was designated.

               Nevertheless, NOAA will consult.with the appropriate

          Department or agency and encourage  continued monitoring of these

          activities for undesirable environmental impacts. In addition,

          NOAA is proposing to require the relevant agency to consult with

          NOAA to determine methods of minimizing any adverse environmental

          impacts if there is sufficient time to permit consultation without

          jeopardizing 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.-




                                           C-40





  0            APPENDIX D:   DISCHARGE AND DEPOSITS INTO THE MONTEREY BAY AREA







  is











  0









                        Discharge and Deposits into the Monterey Bay Area


















                                                                               0











                                                                               0
                                           D2













               FIGURE D-1

                    Figure D-1 shows the entire study area and proposed boundaries
               for the Monterey Bay National Marine Sanctuary. The study area,
               Boundary alternative #5, was divided into three areas: (1) the
               Central Area, corresponding to Boundary Alternative #2 and
               watersheds that drained into this alternative; (2) the Northern
               Area, which corresponds only to the northern extension provided by
               Boundary Alternative #4, and watersheds that drained into this
               northern area, and (3) the Southern Area, which corresponds only to
               the southern extension provided by Boundary Alternative #3 and
               watersheds that drained into this southern area. The following
               tables and figures subdivide the discharge and deposit data first
               by these three analysis areas, (north, central, south) and then
               subdivide the data by watershed (Hydrographic Unit) and county.




































                                                D3









                                 MONTEREY BAY SANCTUARY BOUNDARIES. ANALYSIS AREAS, ADJACENT COUNTIES, AND HYDROLOGIC U






                                                                                                                              05
                      NORTHERN AREA
                  900 Squa;a Nautical Miles                                           Francisco

                                                                                          Mateo
                                                                           .........                                                  18050006


                                                                                                                     ff ....
                                                                               ....                             .. . ........

                                                                                                                 . ...........
                                                                                                  Sow 'C            t
                                                                                                 ....................

                                                                                                                                                                       001
                                                                                                                                                           18060
                                                                                    ... ........



                                                                                                                                                                       18060002
                                                                                                                         ..........
                                                                                                                                        .....                                1806001

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

                                                                                                                                                       ...........                      18060012
                                                                                                                                                            ..........
                                                                                                                                                     .. ..........


                       CENTRAL AREA:]
                  2500 Square Nautical Miles
                                                                                                                                                                                                              18060005





                                                                                                                                                                              . . . . . .....


                                                                                                                                                                         ... .......



                                                                                                                                              ....                     I-X
                                                                               -rHERN @@EA
                                                                     Isou
                                                                  700 Square Nautical Miles                                                                                                                                                18060006




                                                         square mileages are approximate.
                                                  Numerical values indicate hYdrOlOgic                                       units.
                                                                                                                                                                                                                   .. ..........
                                                                                                                                                                                                                    ..............
                    map data prepared by the Strategic Environmental Assessment Division,                                                                                                                            ......... .
                                    office ot Ocean Resources Conservation and Assessment,
                                              National Ocean Service, Rockville, MarYland.
                                                                                                          r9FUNDARY ALTERNATIVES







                                                                                                                                                                                                                                                               7
                              Alternative 1                     Alternative 2                      Altern0ve 3                        Alternative 4                    AlternaVve 5                     Alternative 6                    Alternative
                                                                                                                          L












              TABLZ D-1

                   Table D-1 shows the amounts and seasonal loadings of
              pollutants from Point Source dischargers, by analysis area,
              hydrographic unit and county. This data is derived by using values
              from either Permits, monitoring data, or modeling predictions. It
              should be noted that this data is approximately ten years old.
              This information is provided to give an estimate of relative
              loadings between analysis areas and an estimate of cumulative
              loadings rather than to determine the exact,pollutant contribution
              from any one discharge source.









































                                                D4



                                                                 POINT SOURCE OWHARGES BY FACILrIV WrFMN WOROLOGIC UWF8 ADJACES                                                          41131JARY 9TUDY AREA. ORCA 1111101114
                        AREA                HYDROGRAPHIC              INCLUDED           PERMITS*        FACILITY NAME                                           ANNUAL        FALL           SPRING          SUMMER WINTER ANNUAL
                                                   UNIT               COUNTIES                                                                                            FLOW           FLOW         FLOW             FLOW          FLOW           DOD              TS3              TN              TP
                                                                                                                                                                     (MG)          (MG)            (MG)          (MG)           (MG)                (LBS)            (Las)            (LBS)           (LOS)

                        NORTH                   1905000S                MARIN                            MINOR WASTEWATER PUBLIC                                          183.00         45.60        45.80            45.00         45.00   '      45.0W.00         45.6W.00         17.1120-W       IOAM.00
                                                18050006         SAN FRANCISCO CA0037681                 RICHMOND SUNSET WWTF-                                       7.990.00      1.990.00        i.99moo       t9go-olt       i.goooo      ivollAw-00         4.040.0011.00         1.00ZODD-00     04.ODD-OD
                                                                    SAN MATEO                            HALF MOON ELAY-                                                  80.00          221.DD       221.00           221.00        221.00         '015,01XI-00     ItS.80D.00       02,90D.00       51.000.00
                                                                                         CA0037494       PACIFICA WWTF**                                                  92&W           208-W        206.00           200.0D        208.W          201LOW-W               AD         77AW.OD         492W.OD
                                                                                         CA0037737       DALY CITY WWTF'*                                            Z850.00             712.00       712.00           71ZOD         712.00         40000.00         719.OW.00        280POM          106.400.00
                                                                    SANTA CRUZ              NONE                                                                          0.00           0.00           0.00           0.00          0.00             0.00                 0.00            0.00            0.01)
                              SUBTOTAL                                                                                                                               12,702-00     3.174.00        3,174.90      3.174.00       3.174.001    111,4018.8%).00    6.0292W.00            1.447.320-W     1.140AN-00

                        CENTRAL                 isowwt              SAN MATEO               NONE                                                                          0.00           0.00           O.OD           0.00          O.OD             0.00                 0.00            0.00            0.00
                                                                   SANTA CRUZ                            MINOR WASTEWATER PUBLIC                                          22.00          5.49           5.40           5.48          5.40           1.2W.00          5.480.01)        2.OW.00         1M.00
                                                                                                         MINOR INDUSTRIAL                                                 19.00          4.57           4.57           4.57          4.57             0.00           1,379.00              0.00            0.01)
                                                                                                         MINOR INDUSTRIAL                                                 19.00          4.57           4.57.          4.57          4.57             0.00           1.379.00              0.00            0.011
                                                                                                         MINOR INDUSTRIAL                                                 61.00          15.20        15.20            15.20         15.20            0.00           4.0w.00               0.00            0.00
                                                                                                         MINOR INDUSTRIAL                                                 18.w           4.57           4.57           4.57          4.57             0.00           1.3nw                 0.00            0.01)
                                                                                                         MINOR INDUSTRIAL                                                 17.00          4.29           4.29           4.29          4.29           12011.00         2,700.00              0.00          107.80
                                                                                                         MINOR DRINKING WATER                                             0.00           0.00           0.00           0.00          0.00             0.00                 0.w             0.00            0.00
                                                                                                         MINOR INDUSTRIAL                                                 18.01)         4.57           4.57           4.57          4.57             0.00           1,379.00              0.00            0.00
                                                                                                         MINOR INDUSTRIAL                                                 t2.00          3.04           3.04           3.04          3.04             0.00                 918.00          0.00            0.00
                                                                                                         MINOR INDUSTRIAL                                                 20.W           5.08           5.00           5.08          5.00             0.011          1.810.00              0.w             0.w
                                                                                                         MINOR WASTEWATER PU13LIC                                         149.00         37.29        37.28            37.20         3729           204,9W.00        3722113.20       14.230.00       9.079.00
                                                                                                         MINOR WASTEWATER PUBLIC                                          4.00           0.88           0.88           0.80          0.90           4.830.W                978.60       335.34           213.90
                                                                                         CA0048194       SANTA CRUZ WWTF                                             4,000.00      1,220.00        1.220.00      1.220.00       1.220.00     6.740.OW.00        2.900.000-00          1.714.000.00    W000-00
                                                18060002          SANTA CLARA               NONE                                                                          0.00           0.00           0.00           0.00          0.00             0.w                  0.00            0.w             0.00
                                                                   SANTA CRUZ                            MINOR INDUSTRIAL                                                 18.w           4.57           4.57           4.57          4.57             0.00           1.379.00              0.00            0.00
                                                                                                         MINOR INDUSTRIAL                                                 10.00          4.57           4.57           4.57          4.57             0.00           1.370.00              0.00            0.00
                                                                                                         MINOR INDUSTRIAL                                                 2.00           0.39           0.39           0.39          0.30             0.00                 390.00          0.00            0.00
                                                                                         CA0048216       WATSONVILLE WWTF                                            3.070.00            796.00       706.W            708.00        760.00  6.220,W0.00        2.380,000-00          386.00D.00      332.000-00
                                                                     MONTEREY               NONE                                                                          0.00           0.00           0.00           0.00          0.w              0.00                 0.00            0.00            0.00
                                                                   SAN BENITO               NONE                                                                          0.00           0.00           0.00           0.00          0.00             0.00                 0.00            0.00            0.00
                                                1806wl I             MONTEREY                            MINOR WASTEWATER PUBLIC                                          04.00          156.00       156.00           156.00        156.00         179,111W.00      1512M.00         58.900-w        30.400.00
                                                                                                         MINOR INDtJSTRfA1                                                45.00          11.10        11.10            11.10         11.10          &920.00          0.200.00         4,1910.00       2.02D.00
                                                                                                         MINOR INDUSTRIAL                                                 3.00           0.65           0.54           0.00          0.59           $.9w.00          4.59D.00           498.00             0.00
                                                                                                         MINOR INDiJSTRIAL                                                1.00           0.19           0.18           0.23          0.17           Z620.00          1,338.00           142.00             0.00
                                                                                                         MINOR INDUSTRIAL                                                 0.w            0.03           0.03           0.03          0.03             40.90                47.00           16.56           620
                                                                                         CA0006M         P G 6 E. MOSS LANDING                                   261.000.00       64.000-00       96.500.00     77.100-01)      72.900-00             0.00                 .00             0.00            0.00
                                                                                         CA0007005       NATIONAL REFRACTORIES. MOSS LANDING-- 7,000.00                            I.M.011         1.790.00      1,7W.W         I.M.00                0.00      4.020.OW.00           lIZ2W.00             0.00
                                                                   SAN BENITO               NONE                                                                          0.00           0.w            0.00           0.w           0.w              0.00                 0.w             0.00            0.00
                                                19080005            MONTEREY                             MINOR INDUSTRIAL                                                 20.w           5.07           5.07           5.07          &07              0.00           1Aw.w                 0.00            0.00
                                                               SAN LUIS OBISPO                           MINOR INDUSTRIAL                                                 18.00          4.57           4.57           4.57          4.57             0.00           1".w                  MOD             0.00
                                                                                         CAOD47593       EL PASO DE ROBLES WWTF                                           439.00         1 10.w       t10.00           1,10.00       110.00         32.              109.9w.00        41=.W           25.111W.00
                                                                   SAN BENITO               NONE                                                                          0.00           ODD            0.00           0.00          0.00             0.00                 0.00            0.00            0.00
                                                ISDOW12             MONTEREY                             MINOR INDUSTRIAL                                                 I2.w           2.98           2.96           2.96          2.98             0.00                 0.00            0.00            0.00
                                                                                                         MINOR WASTEWATER PU13LIC                                         241.W          80.07        W.07             W.07          W.07           46".20           50.929.20        22,589.20       '14.043.00
                                                                                                         MINOR WASTEWATER PUBLIC                                          320.00         81.93        81.93            81.93         91.93          OX'123.90        09.470.80        30,611.90       19,156.40
                                                                                         CAW481713       PACIFIC GROVE WWTF -                                             50CW           126.00       126.00           120.00        126.00         51II&OOD-011     i28,0W.W         03,40D.W        54.GW.W
                                                                                         CA0048551       MONTEREY REGIONAL WWTF                                      6.170.00      1.540.00        1,540.00      1,540.W        1.540.W      2,2011.000.00      2AW.Ow.W              570,0w.W        300,000.00
                            SUBTOTAL                                                                                                                             3D4,839.OD       69.943.62       72.443.49      83,043.82      78,643.56    16,33111,111110.1110 11.979.657.40       3.029.249.91111 1-385,104.70


                     SOUTH                      19060006            MONTEREY                             MINOR WASTEWATER PUBLIC                                          6.00           1.55           1.55           1.55          1.55           1.552.00         1.552.00           554.00           519.00
                         SUBTOTAL                                                                                                                                         6.w            1.55           1.55           1.55          1.55.          1,552-00         1,552.00           554.00           510.00
                        GRAND TOTAL                                                                                                                              317,547.W        73.119.77       75,619.64     06,219.97       92.019.71    27.907.962-W       I8.0D9.409.40         4.476,123.9111  2.526,482.70

                                                                                         NUMBERS REPRESENT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MAJOR PERMIT; ALL OTHERS ARE MINOR
                                                                                         - DISCHARGE DIRECTLY INTO THE OCEAN WATERS OF THE MONTEREY BAY SANCTUARY STUDY AREA

                                                                                         NONE means no data available In database.
                                                                                         CODES - MG:mNNons of gallons; LBSpounds: BODtkichernical oxygen demand: TSSIotal SuVended sedimern;
                                                                                                         TN.Iolal nitrogen; TPlotal phosphorus.
                                                                                         Source: National Coastal Polkilant Disclharge Inventory, Office of Ocew Resources Conservation and Assessment, Strategic Environmerrial Assessment DtvWw.
                                                                                         National Ocean Service, Rockville Maryland.





                                                                                    POINT SOURCE DISCHARGES BY FACILITY WITHIN HYDROLOGIC UNITS ADJAC                                                                  ENT TO THE SANCTUARY SrfUDY AREA. CIRCA 1"4

                             AREA                   HYDROGRAPHIC INCLUDED                                   PEFIMITS*               FACILITY NAME                                                                      ANNUAL
                                                              UNIT                  COUNTIES                                                                                                                           AS               CD              CR          Cli                 FE                   pe               No            ZN                   OIL                          FC
                                                                                                                                                                                                                       (In              XBS)      (LBS)             (LBS)            (LBS)             (Los)                  (LBS)         (LOS)                (Las)                   (TOTAL CELLS)

                             NORTH                         18050005                    MARIN                                        MINOR WABTIEWATER PUBLIC                                                           49.20            17.20           86.40           56.60        1.0m.00                 411111140        0.57          252.00               17.180.00
                                                           imoooe                   SAN FRANCISCO CA0037681                         RICHMOND SUNSET WWTF-                                                              133.20           598.00          08.40       &900.00          10%000.00         3.320.00               68.00         22.000.00     ZOMM-00                  6.020.0100.00DAM000
                                                                                    SAN MATEO                                       HALF MOON 13AY -                                                                   239.00           93.20           316.00      274.00           5.100.00                430.00           2.16          1.21&W                      .01)             &000.000=.ODO
                                                                                                            CADW7494                PACIFICA WWW-                                                                      222.01)          77-90           296.00      256.00           4.820.00                XIB.011          11-67         1,139.00             77,900.00               G.M.000.000.000
                                                                                                            CA0037737               DALYciTYWNTF-                                                                      238.00           238.W           110.90      11.9W.01)        16,840.00               111411.1111111   1111111.70    1,91110.00           01.1m, M                211.6110.0130,0010.000
                                                                                    SANTA CRUZ                    NONE                                                                                                 0.00             0.00            0.00            D.w                  0.00            0.00             0.00              0.00                    0.00                                          0
                                  SUBTOTAL                                                                                                                                                                             890.40           1.014.20        962.60      6.2211-00        1190,686-00       4.144-80               11116.119     20.906.00     2=9110.00                6.055,920.0110.000.000

                             CENTRAL                       ieowwi                   SAN MATEO                     NONE                                                                                                 0.00             0.00            0.00            0.00                 0.00            MOD              0.00              0.00                    0.00                                          0
                                                                                    SANTA CRUZ                                      MINOR WASTEWATER PUBLIC                                                            5.00             2.06            7.94            6.90            [email protected]               0.14             0.07              30-20            2.000.00                   100.00CAMAM
                                                                                                                                    MINOR INDUSTRIAL                                                                   0.00             6.00            0.00            0,00                 01.20           010111           0.00              0.00                    0.w                                           0
                                                                                                                                    MINOR INDUSTRIAL                                                                   0.00             0.00            0.00            0.00                 611.20          0.00             0.00              0.w                     0.00                                          0
                                                                                                                                    MINOR INDUSTRIAL                                                                   0.00             0.w             0.00            0.00            204.W                Q,QQ             0.00              0.w                     0.00                                          0
                                                                                                                                    MINOR INDUSTRIAL                                                                   0.00             0.00            0.00            00                   61.20           0.00             O.OD              0.00                    0.00                                          0
                                                                                                                                    MINOR INDUSTRIAL                                                                   9.60             22.W            5.02            34.20           147.20               9.48             0.01              13.64               754.00                                            0
                                                                                                                                    MINOR DRINKING WATER                                                               0.00             0.00            0.00            0.00                 0.00            0.00             0.00              0.00                    0.w                                           0
                                                                                                                                    MINOR INDUSTRIAL                                                                   0.w              0.00            0.00            0.00                 61.20           0.00             0,00              0.00                    0.01)                                         0
                                                                                                                                    MINOR INDUSTRIAL                                                                   0.00             0.130           0.00            0.00                 40.90           0.00.            0.00              0.00                    O.OD                                          0
                                                                                                                                    MINOR INDUSTRIAL                                                                   0.03             0.17            0.85            0.95                 8.40            1.02             0.01              1.36                    0.00                                          0.
                                                                                                                                    MINOR WASTEWATER PU13LIC                                                           40.4 1           16.65           56.41           52.90           976.00               66,611           0.40          226.43               is.010.n                6.4711.0010,0110,090
                                                                                                                                    MINOR WASTEWATER PUBLIC                                                            0.95             0.30            1.33            1.25                 23.00           Lof              0.01              5.34                3n74                     152.500.000.000
                                                                                                            CA0040194               SANTA CRUZ WWTF                                                                    00-40            65.20           5W.OD       400.00           1100,200.01)      2AN,00                 W4.00         5M.00                810.000.00        3.7W.000,000,000.001)
                                                           18060002                 SANTA CLARA                   NONE                                                                                                 0.00             0.00            0.00            0.00                 0.00            0,00             0.w               O.W                     0.00                                          0
                                                                                    BANTA CRUZ                                      MINOR INDUSTRIAL                                                                   0.00             0.00            0.00            0.00                 61.20           0,00             0.00              0.00                    0.01)                                         0
                                                                                                                                    MINOR INDUSTRIAL                                                                   q00              0.00            0.00            0.00                 61.20           0,00             0-w               0.00                    0.00                                          0
                                                                                                                                    MINOR INDUSTRIAL                                                                   0.03             0.13            0.609           0.64                 6.44            0."              0.01              1.03                    0.00                                          0
                                                                                                            CA0048216               WATSONVILLE WWTF                                                                   972-00           1,394.00  2.30D.00          3,740.00         02.SW.00          1,512,00               16-10         12,11140.01)         704.000-W         2,320.000.000.0110.000
                                                                                    MONTEREY                      NONE                                                                                                 q00              0.00            0.130           0.00                 0.00            0.00             0.00              0.00                    0.00                                          0
                                                                                    SAN BENITO                    NONE                                                                                                 0.130            0.w             0.00            Ow                   0.00            0.00             0,00              0.w                     0.00                                          0
                                                           18060011                 MONTEREY                                        MINOR WASTEWATER PUBLIC                                                            104.20           59.BD           224.00      193.90           3.640.00                2N.00            1.14          $W.W                 58,800.00               4,730,000,0100.0110
                                                                                                                                    MINOR INDUSTRIAL                                                                   1.11             0.37            14.94           14.94           262.00               it'"             0.11              37.40            4.190.00                    339.000,000.000
                                                                                                                                    MINOR INDUSTRIAL                                                                   0100             0.00            0.00            0.00                 0.00            oldIll           0.00              0.00                    0.00                                          0
                                                                                                                                    MINOR INDUSTRIAL                                                                   0.00             MOD             0.00            0.00                 O.OD            0100             0100              0.00                    0.011                                         0
                                                                                                                                    MINOR INDUSTRIAL                                                                   0.00             0.00            0.01            0.01                 0.06            0.01             0.00              0.01                    0.00                                          0
                                                                                                            CAOW6254                P 0 & E, MOSS LANDING                                                              2n,00            35.00           234.00      5,020.00         3.120.00                39.00            4.0           Z720-00       11.11M.000.00                                               0
                                                                                                            CA00070D5               NATIONAL'REFRACTORIES. MOSS LANDINQ                                                2,300.00         1.772.00  4.140.00          1,102.00                 O.W       I I A20m               106-00        IIXQ@00                     0.01)                                         0
                                                                                    BAN BEN ITO                   NONE                                                                                                 0.00             0.00            0.00            0.00                 0.00            0.00             0-w               0.00                    0.00                                          0
                                                           19060OD5                 MONTEREY                                        MINOR INDUSTRIAL                                                                   0.00             0.00            0.00            0.130                60.00           0.00             0.00              0.01)                   0.00                                          0
                                                                             SAN LUIS OSISPC                                        MINOR INDUSTRIAL                                                                   0.00             0.00            0.0111          0.00                 611.20          0.00             0.00              0.00                    0.00                                          0
                                                                                                            CA0047593               EL PASO DE ROBLES WWTF                                                             lio.00           41.40           156.90      130.00           2.5110.00               163.40           11-311111     W4.00                4112200.00              3,320.1300. 0 C M, - r -
                                                                                    SAN BENITO                    NONE                                                                                                 0100             0.01)           0.00            0.00                 0.00            0.00             0.00              0.00                    0.w                                           0
                                                           1906M12                  MONTEREY                                        MINOR INDUSTRIAL                                                                   0.00             0.00            0.00            0.00                 0.00            0.00             0.00              0.00                    MOD                                           0
                                                                                                                                    MINOR WASTEWATER PUBLIC                                                            64.89            22.67           96.20           74.79        1,404.38                99.68            0.76          331.63               22.672.90               11,111123.000.0W.OW
                                                                                                                                    MINOR WASTEWATER PUBLIC                                                            80.51            30.03           117.71      102.01           1,915.64                122.32           IAI           452.37               30.027.20               2.407.000.0110.000
                                                                                                            CA0048170               PACIFIC GROVE WWTF **                                                              143.40           230.W           368.00      8114.0D          10.320.00               246.110          2AII          114120.00            11115.9011.00           3111111.01110.000.0110.000
                                                                                                            CA004&%l                MONTEREY REGIONAL WWTF-                                                            1,862.00         5N.W      22W.00            1,914.00         36.OOD.00         2.300.00               19.20         111.5110.0D          308.001).00             4411.700.000.0110.01110
                                SUBTOTAL                                                                                                                                                                               5,875.52         4.273.78  10.523.84      13.488.18           224.252.37        19,042.68              357.22        411.01113-40  4.075.758.62             6.487.198.SW.000.000


                           SOUTH                           118080008                MONTEREY                                        MINOR WASTEWATER PUBLIC                                                            0.13             0.03            2.94            2.82                 67.40           2.59             0.02              7.16             1.426.00                47.0110.011XII.0110,0130
                             SUBTOTAL                                                                                                                                                                                  0.13             O.w             2.94            2.82                 67.40           2.50             0.02              7.16             1,426.00                47,0130.000.000.0W
                          GRAND TOTAL                                                                                                                                                                                  6,756.05         5.268.01  11.399.39      19,717.80           415.005.77        23,190.04              453.43        67.966.56     6,357,164.82             12,570,100,500.000.000


                                                                                                            NUMBERS REPRESENT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MAJOR PERMIT: ALL OTHERS ARE MINOR
                                                                                                            ** DISCHARGE DIRECTLY INTO THE OCEAN WATERS OF THE MONTEREY BAY SANCTUARY STUDY AREA
                                                                                                            NONE means no data avallable In database.
                                                                                                            CODES - AS:arsenic: CD.*cadmkim; CRchromlurn; CUvopper; FE*on; PSisad, HGmen;ury; ZN::dnc; OIL.,oll and grease; FC.1scal colfform bacteria
                                                                                                            Source: National Coastal Pollutard Discharge Inventory. Office of Ocean Resources Conservation and Assessment. Strategic Environmental Assessment Division.
                                                                                                            National Ocean Service. Rockville Maryland.













              TABLE D-2

                   Table D-2 shows the relative loadings from point source and
              various non-point sources in the Monterey Bay area by analysis
              area, hydrographic unit and county. Data is shown for a variety of
              pollutant constituents including total wastewater flow, total
              suspended sediments, biochemical oxygen demand, total lead, total
              copper, total nitrogen, total phosphorus, total oil and grease, and
              total fecal coliform bacteria.



















































                                                D5















                                                                                                                                                              WASMWATER FLOW, CIRCA IOU
                                                                                                                                                                   (bW- of g*N- pw year)
                                                                                                                     POINT S04JRCES                                                                  NONPOINT SOURCES                                                             ALL SOURCES
                                         AREA         HYDROGRAPHIC              INCLUDED          WASTE WATER DIRECT                         POWER                  URBAN          CROPLAND FOREST LAND                    PASTURE/        IRRIGATION UPSTREAM                          TOTAL
                                                              UNIT              COUNTIES            TREATMENT INDUSTRIAL                      PLANTS               RUNOFF             RUNOFF             RUNOFF              RANGE        RETURN FLOW           SOURCES
                                                                                                       PLANTS DISCHARGERS
                                        NORTH              1806=5                 MARIN                          0.2                    0                 0                      0              54                  62A               70.4                   0                  0                 195
                                                           180SOODS         SAN FRANCISCO                            8                  0                 0                  1.8                     0                 0                  0                  0                  0                 t7
                                                                                SAN MATEO                        4.6                    0                 0                  6.64               1.53                172               28.0                   a                  0                 57
                                                                                SANTA CRUZ                           0                  0                 0                      0                   0              1.3                   0                  0                  0                 13
                                        SUBTOTAL                                                                 12.8                   0                 0                  8.44             55.53                 90.9              105.3                  0                  0                 263
                                      CENTRAL              1806=1               SAN MATEO                            0                  0                 0                      0                   2              2.9               2.0                    0                  0                 7.9
                                                                                SANTA CRUZ                       5.1                0.2                   0                  14A                2.1                 15.7              2.1                    0                  0                 30.6
                                                           19000002             SANTA CLARA                          0                  0                 0                  3.1                7.5                 27                Its                    0                  0                 64.1
                                                                                SANTA CRUZ                       3.1                0.04                  0                  1.3                &3                  0.8               1.4                    0                  72                20.1
                                                                                MONTEREY                             0                  0                 0                      0                                  0.3                   0                  0                  0                 1.8
                                                                                SAN BENITO
                                                           190swil              MONTEREY                         0.6                7.1               2811                   1.9                4.9                    0                  0                  0                  0                 295A
                                                                                SAN 13ENITO
                                                           18000005             MONTEREY                             0              0.2                   0                  0.4                2.4                 6.0               4.3                119                    IA                20.3
                                                                           SAN LUIS OBISPO                       0.4                0.02                  0                  2.9                5.4                 2.5               0.6                 1.2                   0                 13.2
                                                                                SAN 13ENITO
                                                           19000012             MONTEREY                         7.2                0.011                                    8.0                0.2                 0.8               2.0                    0                  0                 194
                                        SUBTOTAL                                                                 10.4               7.57              201                    32.6               32.2                55.9              30.5               15.1                   9.6               479.9
                                        SOUTH              18000006             MONTEREY                         0.01                   a                 a                      0              0.06                1611                  0                  0                  0                 1152
                                        SUBTOTAL                                                                 0.01                   0                 0                      0              0.05                15.1                  a                  0                  a                 152
                                   GRAND TOTAL                                                                 29.21                7.57              201                  41.04              87.70                 151.9             i3s.0              15.1                   0.6               715111.1
                                                      Source: The NsIlonal Coastal Pollutant Discharge Inventory, Stralegic Envkwwwvtal Asessarnent Wdon. OMm of Ocean Remources Coneervallori and Ammeownent.
                                                      National Oosan Service, RodMile. Maryland.










                                                                                                                                                        TOTAL SUMN090 IKMWMM (M), COCA 11164
                                                                                                                                                                        (mw- 0(t- pw vw)
                                                                                                                                   MNT SOURCES                                                                          NONPO(NT SOURCES_
                                             AREA           14yoRWROMIC                  04CLUDED             WASTE WATER DIRCOT                             POWER                   URBAN           CROPLAND FOREST LAND                       PANTtM IRRIDATION                        UPSTMAM                   TOTAL
                                                                    UNIT                 C"TIES                 TREATMENT 1W)USTAW                           PLANTS                 RUNOFF               RUNOFF              ALIKIPF              RAWK AETURNpoft                         gOunn
                                                                                                                   PLANTS          DISCHAPMRS
                                            NORT"                19050006                   MARIN                            0.04                 Dm                    MUG                   0.00           9.ww                       301.00         51340.00                  0.01                  0.00            7.891m
                                                                 10050000            SAN FRANC.13CO                          4,00                 OW                    0.00                  4A*                  OJW                  0.00                0.00                 am                    0.00                 am
                                                                                         SAN MAteO                           1.00                 Ow                    0.00                  1,00                 420.0                17?.00         2,10.00                   0.00                  0.00            Z100.00
                                                                                         SANTA CRUZ                          0100                 0xv                   0.00                  0100                 olim                 I&SO                0.00                 GAO                   0.00                 10.1110
                                            SUBTOTAI                                                                         &I"                  oto                   0.00                  t3o            2.6101m                    499AM          ?Aatw                     Qjw                   0.00            iowtw
                                          CENTRAL                1806"1                  SAN MATEO                           0,00                 0.00                  0.00                                       Ali'*      1         250                 24.40                oix                   0-00                 227.20
                                                                                         SANTA CRUZ                          2,90                 oxe                   GOD                                        46.40                1110.00             04,00                GAO                   0.00                 24&30
                                                                 tookm                   sANrA CLARA                         0.00                 4.01)                 0,130                 4.70                 46.00                47MOD          11m.00                                          0.00            V46.90,
                                                                                         SANTA Coul                          2,40                 0,01)                 obo                   too                  140.00               QW                  0.00                 041                   420                  '196.70
                                                                                         MONTEREY                            0.w                  olm                   0,00                  am                   00.00                &40                 &0o                  DIM                   0.00                 "20,
                                                                                         SAN BENITO                                                                                                                                                                                                                         4010.00
                                                                 tooewl I                MONTEREY                            0.15                 4.w                   0.03                  2Ao                  400.00               0.00                0180                 0.00
                                                                                         SANOCNITO
                                                                 180swo                  MONTEREY                            0.w                  GOD                   0.00                  a,"                  t 21            1.1111510,00             04.00                0,0:1                 11,110          Z"7.00
                                                                                    SAN LUIS OBISPO                          010                  0.00                  0.00                  4AO            Ilm'm                      22011m              21.40                01110                 0.00            i.347=
                                                                                         SAN BENITO
                                                                 100molf                 MONTEREY                            2.30                                                             Q.90                 19,70                m&70                5,10                 0.00                  0100                 1124.40
                                                                                                                                                                                                                                                       1,40.70                   too                   C70             61"11.50
                                            SUBTOTAL                                                                         7.95                 4.03                  0-w                   46V            Z186.16              2,708,90
                                            SOUTH                180swo                  MONTEREY                            0.00                 OVO                   0.00                  4.00                 5.40                 oill-00             1.10                 0.00                  0,00                 01 7.10
                                            SUBTOTAL                                                                         0101)                om                    0.00                  0.00                 5.40                 GKOD                )-to                 0.00                  0.00                 617.70
                                        GRANDTOTAL                                                                           1179                 4@03                  &03                   S420           4,$Bt.W              UWAD                 0,2440                    keo                   6.70            1719"
                                                            Swrce: The Ng*rW CQWW POWAM 01064fos tMWWY- 81MVIc tr*pwwtW AWWVW* M**M, Oftm ci 00m AMMM CW*PVW*M WA Aft"wWkL
                                                                                           Radwilip, Marytond,













                                                                                                           BIOCHEMICAL OXYGEN DEMAND (BOD), CIRCA 1964
                                                                                                                             (pounds X 10-00 p- Y-)
                                                                                                           POINT SOURCES                                                                     NONPOINT SOURCES                                               ALL SOURCES


                                   AREA        HYDROGRAPHIC            INCLUDED          WASTE WATER            DIRECT           POWER               URBAN         CROPLAND FOREST LAND                PASTURE/         IRRIGATION        UPSTREAM              TOTAL
                                                      UNIT             COUNTIES            TREATMENT INDUSTRIAL                  PLANTS             RUNOFF           RUNOFF            RUNOFF             RANGE       RETURN FLOW         SOURCES
                                                                                              PLANTS       DISCHARGERS


                                  NORTH            18050005              MARIN                        4.50             0.00              0.00                0.00        1.412.00             90.40         2.140.W                0.00              0.w            3.647.W
                                                   18050006         SAN FRANCISCO                1,070.00              0.00              0.00              63.10              0.00             0.00              0.w               0.00              0.00           1,133.10
                                                                       SAN MATEO                      72.10            0.00              0.00              66.40           392.W             120.00         1.287.00               0.00              0.00           1.937.00
                                                                       SANTA CRUZ                     0.00             0.00              0.00                0.00             0.00             4.70              0.00              0.00              0.00                4.70
                                  SUBTOTAL                                                       1,146.6D              0.00              0.00            129.50          1,91)4.00           215.10         3,427.01)              0.00              0.00           6.722.40

                                CENTRAL            18060001            SAN MATEO                      0.00             0.00              0.00                0.00          142.01)            10.  00            9.70              0.00              0.00             162.00
                                                                       SANTA CRUZ                  695.10              0.10              0.00            143.40             19.00             67.00             51.80              0.00              0.00             970.9D
                                                   1 806=2             SANTA CLARA                    0.00             0.00              0.00              31.00            31.70            221.30            362.20              0.00              0.00             W.20
                                                                       SANTA CRUZ                  622.00              0.00              0.00              13.20            76.00              0.00              4.20              0.00              6.00             721.40
                                                                       MONTEREY                       0.00             0.00              0.00                0.00           55.20             10.10              0.w               0.00              0.00               65.30
                                                                       SAN BENITO
                                                   18060011            MONTEREY                       17.70            2.10              0.00              18.50           163.40              0.00              0.00              0.00              0.00             201.00
                                                                       SAN BENITO
                                                   18060005            MONTEREY                       0.00             0.00              0.00                3.50           08.90          3.6111111.20     1.008.W                0.00              1.20           4,760.W
                                                                  SAN LUIS OBISPO                     3.20             0.w               0.00              29.20           768.W              33.3D              3.60              0.00              0.00             037.50
                                                                       SAN BENITO
                                                   I 808W1 2           MONTEREY                    293.70              0.w               0.w               98.0D              &40             50.30              11.50             0.00              0.w              451.W
                                  SUBTOTAL                                                       1.631.70              210               0.w             324.9D          1.331.8D          4,001.20         1,451.W                0.00              7.20           8.830.70

                                  S04JTH           16060000            MONTEREY                       0.20             0.w               0.w                 0.w              2.70         1,220.41D             0.20              0.00              0.00           1,223.W
                                  SUBTOTAL                                                            0.20             0.00              0.00                0.00             2.70         1.220.00              0.20              0.00              0.00           1,223.00
                            GRAND TOTAL                                                          Z778.50               2.20              0.w             454.30          3.136.30          5.516.30         4,978.20               0.00              7.20           16.776.10

                                               Source: The National Coastal Pollutant Discharge Inventory, Strategic Environmental Assessment Division, Office of Oceen Resources Conservation eind Aseegernwit.
                                               National Ocean Service. Rockville, Maryland.









                                                                                                                                                 YWAL LEAD (m), ctacA is"
                                                                                                                                                 (PwAms X 0muser"k par yew)
                                                                                                            POINT SOURCES                                                           NONPOINT SOU!SES                                                       ALL SOURCES
                                     AREA        HYDROGRAPHIC              INCLUDED       WASTEWATER DIRECT                      POWER                URBAN          CROPLAND       FOREST LAND         PASTURE/         IRRIGATION       UPSTREAM              TOTAL
                                                         UNIT             COUNTIES          TREATMENT INDUSTRIAL                 PLANTS              RUNOFF            RUNOFF           RUNOFF            RANGE       RETURN FLOW          SMP40EB
                                                                                               PLANTS       DISCHARGERS
                                    NORTH             10050005             MARIN                       0.07                  0               0                   0             00.9                 9                 too                               0               220
                                                      18050000        SAN FRANCISCO                    13                    a               0                6.4                 0                 0                 0                0                0               a?
                                                                        SAN MATEO                      0.75                  0               0                10.1             14.7             5.3                   "2               0                0               OILI
                                                                        SANTA CRUZ                          0                0               0                   0                0             0.32                  a                0                0               0.32
                                     SUBTOTAL                                                          4.12                  0               00               ts.5             76.3             14.62          224.2                   0                0            334.12
                                  CENTRAL             10060001          SAN MATEO                           0                0               0                   0             5.3              0.75                  0@73             0                0               6.9
                                                                        SANTA CRUZ                     ts               0.01                 0                2t.8             t.4              3.3                   1.9              0                0               30.9
                                                      1106OW2           SANTA CLARA                         0                0               0                4.7                 2             14.1                  382              0                0               57
                                                                        SANTACRUZ                      1.8                   0               0                   2             4.5                  0                 0.20             0            0.22                9.5
                                                                        MONTEREY                            0                0               0                   0             1.3              0.08                  0                0                0               IA
                                                                        SAN BENITO
                                                      lemil             MONTEREY                       0.23             11.8             0.04                 2.8                                   0                 0                0                0               20.9
                                                                        SAN BENITO
                                                      18060005          MONTEREY                            0                0               0                0.53             11.9             27.9                  7.50       0.14             0.013                 37.0
                                                                    BAN LUIS OBISPO                    0.16                  0               0                4.4              16.4             3.3                   0.39       0.0`1                  0               24.7
                                                                        SAN BENITO
                                                      18080012          MONTEREY                       2.8                   0               0                13.11            0.29             1.3                   0.00             0                0               17.5
                                    SUBTOTAL                                                           7.19            11.81             0.040             49-33             39.99              50.63          47.00             0.15             02m 0               203.5
                                   SOUTH              19060006          MONTEREY                     0,003                   0               0                   0             0.06             9.1            0.010                   0                0               9.2
                                    SUBTOTAL                                                         0.mS                    0               cc                  0             0.08             9.1            0.010                   0                00              9.2
                              GRAND TOTAL                                                           11.3,13            11.01             0.040             05.93            114.37              74.35        971ZM               0.16            02m 0               $46.82
                                                Source: The Nadional Comal Polward Dkdmqs Invo". StralegIc EnvironnwvW Ases""W4 DMdon, Ofte of Oc@w Rgeoupoge Cormrvallaft and Asmaillmo
                                                National Oman Service, Rock%ille, Marylanti.



                                                                                                                                                                    0





                                                                                                                                             TOTAL COPM (CtI). CIRCA 1954
                                                                                                                  POINT SOURCES                     (thousands d pounds per yea"              NONPOINT SOURCES                                                           ALL SOURCES

                                       AREA        HYDROGRAPHIC              INCLUDED          WASTE WATER DIRECT                        POWER                URBAN          CROPLAND         FORESTLAND           PASTURE/         IRRIGATION         UPSTREAM                TOTAL
                                                          UNIT               COUNTIES            TREATMENT INDUSTRIAL                    PLANTS               RUNOFF            RUNOFF            RUNOFF              RANGE       RETURN FLOW          S04JRCES
                                                                                                     PLANTS       DISCHARGERS

                                     NORTH              18050005                MARIN                        0.08              0.00               0.00                 0.00              Iw.90           15.10             206.00              0.00               0.00                382.00
                                                        t9050006         SAN FRANCISCO                       3.98              0.00               0.00                 1.40              0.00              0.00              0.01)             0.w                0.00                5.30
                                                                             SAN MATEO                       2.10              0.00               0.00                 2.30              14.70             5.31)            64.20              0.00               0.00                MAD
                                                                             SANTA CRUZ                      0.w               0.00               0.00                 0.01)             0.00              0.30              0.00              O.OD               0.00                0.30
                                      SUBTOTAL                                                               6.14              0.00               O.OD                 3.70              115.50          20.70             330.20              0.00               0.00                476.40
                                                                                                                                                  I

                                   CENTRAL              18060DOI             SAN MATEO                       0.00              0.00               0.00                 0.w               5.30              0.75              0.73              0.00               0.00                &OD
                                                                             SANTA CRUZ                      0.46              0.04               0.00                 5.10              1.30              3.3D              1.90              Ow                 0.00                1220
                                                        18060002             SANTA CLARA                     O.OD              0.00               0.00                 1.10              2.20            14.10              36.00              0.w                0.01)               53.40
                                                                             SANTA CRUZ                      3.70              0.00               0.00                 0.47              4.50              0.00              0.26              0.00               0.60                9.w
                                                                             MONTEREY                        0.w               0.00               0.00                 0.w               2.70              0.16              0.00              0.w                0.00                2.00
                                                                             SAN BENITO
                                                        18060011             MONTEREY                        0.19              1.20               5.00                 0.06              12.00             0.00              0.00              0.w                0.00                19.10
                                                                             SAN BENITO
                                                        18060005             MONTEREY                        0.00              0.00               0.00                 0.12              &W              55.00              15.10              0.77               0.07                74.90
                                                                        SAN LUIS OBISPO                      0.13              0.00               0.00                 1.00              32.90             0.70              0.64              0.02               0.00                41.30
                                                                             SAN BENITO
                                                        18060012             MONTEREY                        2.70              0.00               0.00                 3.10              0.59              2.50              0.17              0.w                0.00                W10
                                     SUBTOTAL                                                                7AS               1.24               5.00               11.55               64.90           83.11              54.80              0.29               0.75                229.10

                                    SOUTH               19080008             MONTEREY                        2.80              0.00               0.w                  0.00              0.16            19.30               0.03              0.00               0.00                19.50
                                     SUBTOTAL                                                                2.90              0.00               O.OD                 0.w               0.16            10.30               0.03              0.00               0.00                19.50
                                 GRAND'TOTAL                                                                16.12              1.24               5.00               15.25               180.65          122.11            385.03              0.29               0.75                724.06

                                                   Source: The Nallonal Coastal Pol DMchaW Inver", StrategIc Envirorunernal Assessment Division. Office of Dow Rammes Comwwadon end Ammmmm.
                                                   National Oman ServIce. Rockville. MarylaW.










                                                                                                                                                              TOTAL WFRWEN ffW), ORCA 111164
                                                                                                                                POINLSOURCES                 .   maussimb of P-k& pff Y-)                             K#(EONT %NRCES                                                                        ALL SOURCES

                                           AREA           HYDROGRAPHIC                 INCLUDED            WASTEWATER DIAECT                               POWER                   URBAN           CROPLAND FOREST LAND                       PASTURE/            IRRIGATION UPSTREAM                             TOTAL
                                                                  UNIT                 COUNTIES              TREATMENT INDUSTRIAL                          PLANTS                 RUNOFF             RUNOFF                RUNOFF                RANGE          RETURN FLOW             SOURCES
                                                                                                                 PLANTS         DISCHARGERS

                                           NORTH               18050005                  MARIN                             17.10                0.00                 0.w                    0.00             7.120.W               491,00            10.60.00                  0.00                 0.w               1620.W
                                                               18050DOS           SAN FRANCISCO                      1.002.00                   0.w                  0.w                 70.30,                 0.w                   0100                0.00                 0.w                  0.w               1,072.W
                                                                                       BAN MATEO                       428.00                   0.w                  0.01)               152.00              1.978.W               ow-00             SA45.W                    0.00                 0.00              9'w4.w
                                                                                       SANTA CRUZ                          0.00                 0.w                  0.w                    0.w                 0.00                                      010111               0.w                  0.00                  23-00
                                           SUBTOTAL                                                                  1.447.10                   0.00                 0.w                 222.30              9,098.W           14074,00              17,1gs,00                 0.00                 0.00              2111.91117.1111D

                                        CENTRAL                18060001                SAN MATEO                           0.w                  0.w                  0.w                    0.00             728.00                W120                   49.W                 0.00                 0.00                 1129.00
                                                                                       SANTA CRUZ                    1,730.w                    0.w                  '0.w                3w.00               140.00                934.60               Rw.00                  0.w                  0.w               2.795.W
                                                               isopm                   SANTA CLARA                         0.w                  0.w                  0.w                 71.00               373.W             M".00                 I'aft.00                  0.00                 0.w               3.359.W
                                                                                       SANTA CRUZ                      306.00                   O.w                  0.w                 30.00               09.00                    0.00                Z1.0o                0.w                250.W               1297.W
                                                                                       MONTEREY                            0.00                 0.w                  0.w                    0.w              3w.w                  50170                  0.00                 0.w                  0.00                 409.70
                                                                                       SAN BENITO
                                                               1806wil                 MONTEREY                            6B.8D             117.00                  0.w                 42.40               1.482.W                  0.00                0.00                 0.00                 0.00              I.SW.W
                                                                                       SAN BENITO
                                                               19060006                MONTEREY                            01w                  D.W                  0.w                    8.10             3,492.W           10,47C00              5.00.00               l.mw                     39.20             28.645.W
                                                                                  SAN LUIS OBISPO                          0.01)                0.00                 0.w                 67.W                4.002.W               1101111-00             I&W                140.W                  0.w               4.439.W
                                                                                       SAN BENITO
                                                               i9osW112                MONTEREY                        SIMAD                    0.w                  0.00                [email protected]                  79.W               111111-00              57.w                 0.w                  0.w               tm.w
                                           SUBTOTAL                                                                  2X9.010                 117.00                  0.00                747.10              ll=.W             20AU,90               7263.00               1.7ww                  209.20              44,710.70

                                           SOUTH               19060008                MONTEREY                            0.55                 0.w                  0.w                    0.00                22.50          0.112.00                   1.10                 0.00                 0.00              6,139.OD
                                           SUBTOTAL                                                                        0.55                 0.w                  0.w                    0.00                22.50          8,1Q.00                    1.10                 0.w                  0.00              6.138.00
                                    GRAND TOTAL                                                                      4,307.25                1117.00                 0.00                9S9.40              20,30.50          0.1110-10             0079.10               111730-00              2011120             79.9=.30

                                                          Source: The Nallonal Comal Pollutant Discharge Invert!", Strategic Environmental Assevernard Division, Offkm of OCOM ASSOINCIIIIII OQMBWVdIM &W Asb@mm@K
                                                          National Desert Servlm. RodrAlls. MaryhuW.














                                                                                                                                                               TVrAL RMP"DRUS; (TP), CIRCA 1904
                                                                                                                                                                     P-nwxb of p-mb Per Y-)
                                                                                                                   POINT SOURCES                                                                 NONPOINT SOURCES                                                              ALL SOURCES

                                        AREA         HYDROGRAPHIC              INCLUDED          WASTE WATER DIRECT                         POWER                 URBAN          CV40PLAND FOREST LAND                 PASTURE/          IRRIGATION         UPSTREAM                 TOTAL
                                                             UNIT              COUNTIES            TREATMENT INDUSTRIAL                     PLANTS               RUNOFF            RUNOFF             RUNOFF              RANGE        RETURN FLOW           SOURCES
                                                                                                      PLANTS DISCHARGERS


                                       NORTH              19050005                MARIN                       10.80               0.w                0.00                 0.00            71.00                 4.50            107.00              0.00               0.00                 193.w
                                                          19050006         SAN FRANCISCO                      984.00              0.00               0.00               14.50               0.00                0.00              0.00              0.00               0.w                  9N.00
                                                                               SAN MATEO                      206.00              0.00               0.00               23.00             20.00                 41.00           64.00               0.00               0.00                 390.00
                                                                               SANTA CRUZ                     0.00                0.00               0.00                 0.00              0.00                0.20              0.00              0.00               0.00                 0.20
                                       SUBTOTAL                                                            1.140.60               0.00               0.00               37.50             91.00               10.70             1?1.00              '0.00              0.00             1.452.20

                                       CENTRAL            1906=1               SAN MATEO                      0.00                0.00               0.00                 0.w               7.00                0.50              0.50              0.w                0.00                 too
                                                                               SANTA CRUZ                     541.00              0.10               0.00               50.40               6.00                3.30              2.60              0.00               0.01)                003.00
                                                          18060002             SANTA CLARA                    0.00                0.00               0.01)              io.90             21.00               11.01)            18.10               0.00               0.00                 61.00
                                                                               SANTA CRUZ                     332.00              0.130              0.00                 4.60            31.70                 0.00              0.20              0.00               0.30                 378.00
                                                                               MONTEREY                       0.00                0.00               0.00                 0.w               9.30                0.51              0.00              0.00               0.00                 9.00
                                                                               SAN BENITO
                                                          1808mil              MONTEREY                       38.40               2.80               0.00                 8.50            00.00                 0.00              0.00              0.00               0.00                 105.70
                                                                               SAN BENITO
                                                          18060005             MONTEREY                       0.00                0.00               0.00                 1.20            259.00             185.0D             50.40               32.00              1.10                 528.01)
                                                                          SAN LUIS OBISPO                     25.60               0.00               0.w                10.20             W.00                  1.70              0.19              2.91)              0.01)                90.00
                                                                               SAN BENITO
                                                          IODOW12              MONTEREY                       448.00              0.00               0.00               30.10               VQ                  2.50              0.57              0.00               0.00                 494.00
                                       SUBTOTAL                                                           1,383.00                2.70               0.00              11&90              467.30             204.51             72.55               35.50              10.40            [email protected]

                                       SOUTH              141060006            MONTEREY                       0.52                0.0D               0.00                 0.00              0.87              61.10               0.01              0.w                0.00                 62.50
                                       SUBTOTAL                                                               0.52                0.00               0.w                  0.00              0.97              et.10               0.01              0.430              0.w                  62.50
                                  GRAND TOTAL                                                             2,524.12                2.70               0.00              151.40             539.17             276.31             243.56              35.50              l0A0             3,M.40

                                                     Source: The Nalkmal Coastal Pollutant Discharp ftwerriM. Sirstagle Envircrimerdal Asnnffwd DMdon. Office d Ocam Resources Conserwillon wW Asnmn@K
                                                     Nidlonal Ocean Servke, Ro"lls, Maryland.










                                                                                                                                                                TOTAL OIL AND GREASE, CIRCA 1964
                                                                                                                                                                   Plumummuls of powHk Per Y-"
                                                                                                                       POW SOL;A918                                                                   22M!g2LT NPURCES                                                              ALL SOIJRCES

                                        AREA          HYDROGRAPHIC               INCLUDED          WASTE WATER DIRECT                          POWER                 URBAN           CROPLAND         FORESTLANb           PASTUREJ           IRRIGATION         UPSTREAM                 TOTAL
                                                             UNIT                COUNTIES            TREATMENT INDUSTRIAL                      PLANTS               RUNOFF             RUNOFF            RUNOFF               RANGIE        RETURN FLOW           SOURCES
                                                                                                         PLANTS        DISCHARGERS

                                       NORTH              19050w                   MARIN                          17.20              0.00               0.00                  0.00              0.00               0100               ow                 0.w                 0.w                 17.20
                                                          18050me           SAN FRANCISCO                   2,040-00                 0.00               0.00               183.00               0.w                0.00               0.00               0.w                 0.00            2.223.40
                                                                                 SAN MATEO                        22.80              0.00               om                 477.00               0.00               0.00               0.00               0.w                 0.w               700.00
                                                                                 SANTA CRUZ                       0.00               0.00               0.00                  0.00              0.00               0.00               0.00               0.00                0.w                  0.01)
                                        SU13TOTAL                                                           21000-00                 0.00               0.00               oeow                 0.w                0.00               OAC                0.01)               0.00            2.940.00

                                     CENTRAL              1908=1                 SAN MATEO                        0.00               0.00               0.00                  0.00              0-w                0.00               cm                 0.00                0.00                 0.00
                                                                                 BANTA CRUZ                    05.00                 0-75               0.00               744.00               0.00               0.00               0-ca               0.00                0.w             1,580.00
                                                          18080002               BANTA CLARA                      0.00               0.00               0.00               223.00               0.00               0.00               0-00               0.00                0.00              223.00
                                                                                 BANTA CRUZ                    ?U.00                 0.00               0.00               8520                 0.00               0.00               0100               0.01)               0.00              7119.00
                                                                                 MONTEREY                         0.w                0.00               0.00                  0.01)             0.00               0.w                0100               0.00                0,01)                0.0111
                                                                                 SAN BENITO
                                                          180awlt                MONTEREY                         58.80              4.20          11.1111U.00             121.00               0.00               0-M                8100               0.01)               0.w             Z149.0110
                                                                                 SAN BENITO
                                                          18090w                 MONTEREY                         0,00               0.00               0.00               2@AO                 0.01)              oleo               0,08               0.00                0.00                211.0
                                                                           SAN Luis owspo                         41.00              0.00               0.00               206.00               0.w                0.00               9-0p               0.00                0.w               247.00
                                                                                 SAN 13ENITO
                                                          iso@IX112              MONTEREY                      477.00                0.00               0.00               616.00               0.00               0.00               0140               0.00                0.w             1,003.00
                                       SUBTOTAL                                                             2.1115.11110             4.95          119541w               2,033.9111             0.00               0.00               0.00               0.00                0.w             6,108.40

                                      SOUTH               11909m                 MONTEREY                         IAD                0.01)              0.00                  0.01)             0.w                0.00               oleo               0.01)               0.00                 1.40
                                       SUBTOTAL                                                                   1.40               0.00               0-00                  0-w               0.00               0.00               otal)              0.00                0.00                 1.40
                                 GRAND TOTAL                                                                4.107.20                 4.96          1.064,00              2,8n@O                 0.00               0140               op                 0.w                 0.w             9.050.40

                                                      Source: The Niltilonsil Coastal Pollutant Memp hwer". Strategic ErwkonnwmW Ammunwit D, Cities of Oommn PAsourcas CarOW40lon wid Aolftn@M
                                                      Nallonal OcW Servim, Rockville. Marylartcl.












                                                                                                                                             TOTAL FECAL COLIFORIM IIACTEAIA (FC:9), CIRCA m4
                                                                                                                                                                (to" I'        Im", per VOW)
                                                                                                                            POINT SOURCES                                                              NCNPOINT SOURCES                                                                             ALL SOURCES
                                             AREA          HYDROGRAPHIC              INCLUDED WASTE WATER DIRECT                                       POWER                 URBAN            CROPLAND FOREST LAND                     PASTURE/             IRRK3ATION         UPSTREAM                   TOTAL
                                                                   UNIT               COUNTIES            TREATMENT INDUSTRIAL                         PLANTS               RUNOFF              RUNOFF               RUNOFF               RANGE          RE TURN FLOW           SOURCES
                                                                                                             PLANTS DISCHARGERS
                                           NORTH               19050005                 MARIN                          IAO                 O.OD                 0.01)                 0.00                0.0111              0.00                 0.00                0.00                0.00                   1.40
                                                               18050006             SAN FRANCISCO                 6.020.00                 0.00                 0.00            12,500.00                 0.00                0.00                 0.00                0.w                 0.00             11111,529.00
                                                                                    SAN MATEO                          34.50               0.00                 O.OD             Z920.00                  0.00                0.00                 0.00                O.OD                0.00             2.9%.00
                                                                                    SANTA CRUZ                         0.00                0.00                 0.00                  0.00                0.00                0100                 0.w                 0.00                0.00                   0.w
                                            SUBTOTAL                                                              6,055.90                 0.w                  0.w             15.429.W                  0.00                0.00                 0.00                0.00                0.00             211.41MA0
                                         CENTRAL               I908wt               SAN MATEO                          O.OD                0.00                 0A0                   0.w                 0.00                0.00                 0.00                0.00                0.w                    0.00
                                                                                    SANTA CAUZ                   3.707.W                   0.w                  0.w              5,940.00                 0.w                 0.00                 0.00                0.00                0.00             9.647.01)
                                                               18000002             SANTA CLARA                        0.00                0.00                 0.00             1,478.00                 0.00                0.00                 0.00                0.00                0.01)            IA7&00
                                                                                    SANTA CRUZ                   Z320.00                   0.00                 0.00               6m.w                   0.00                0.00                 0.00                0.00              111.00             3.057.00
                                                                                    MONTEREY                           0.w                 0.00                 G.W                   0.00                0.w                 0.00                 O.OD                0.00                0.w                    0.00
                                                                                    SAN WNITO
                                                               180swil              MONTEREY                           4.70                0.33                 0.w                975,00                 0.00                0.00                 0.w                 0.00                0.00                911111).00,
                                                                                    SAN BENITO
                                                               18060005             MONTEREY                           0.00                0.00                 OV0                214,00                 0.00                0.w                  0.00                0.00                1.20                215.20
                                                                               SAN LUIS 0131SPO                        3.30                O.OD                 0.00             1.040.00                 0.00                0.00                 0.w                 0.00                MIX)             1."3.w
                                                                                    SAN BENITO
                                                               18000012             MONTEREY                       432.00                  0.00                 0.w             4,940A0                   0.00                0.00                 0.00                0.00                0.00             5,372.011
                                         SUBTOTAL                                                                8,467.00                  0.33                 0.w            to,011.00                  0100                0.00                 0.00                0.00              112.20             22,500.20
                                         SOUTH                 19080009             MONTEREY                        47A0                   0.0()                0.00                 0.00                 Mw                  0.00                 0.00                0.00                0.00                47.00
                                         SUBTOTAL                                                                   47.00                  0.00                 0.00                 0.00                 0.00                0.00                 0-w                 01w                 0.00                47.00
                                    GRANO TOTAL                                                                12,54119@90                 0.33                 0.00           31.440.00                  0.00                0.w                  0.00                0.00              112.20             44,121.00
                                                         Source: The National Commal Pollutant Discitarge Inventory. Strategic Environinen ad Asammarrant Division. Offloe of Ocam Remourm Conservation and Awassarnent.
                                                         National Ocean Service, Rockville, Maryland.













              FIGURE D-2

                   Figure D-2 illustrates in graphic form the data provided in
              Table D-2 for the pollutant constituents total wastewater flow,
              total lead, total suspended sediments, and total nitrogen.












































                                                D6






             Total Wastewater, by Hydrologic Unit and County, Discharged Into Areas Adjacen*
           to the Monterey Bay National Marine Sanctuary Study Areas, by Source, circa %



                300 - 0@


           Lu



           UJI
                200-
           U)
           z
           0
           .j
           .j
                                                                                                      105
           z                                                                            .81
           0          00
                 100-
                                                                             S6

                                                                    33            32                      30
                         13 16                                                                                         is
                                                                6
                                                           0            0                                      0 0         0 0
                                  0 C          0 0
                                                              @zzs
                   0    GTEWATE R  .  DIRECT   .   POWER '      LIMAN      CROPLAND       FOREST     PASTURE   ' IRRIGATION' UPSTREM
                      TREATWNT      INDUSTRIAL     PLANTS       RUNOFF       RUNOFF       RUNOFF    AND RANGE      RIFTLIRN   SOURCES
                        RANTS        DISCHARGE                                                        RUNOFF       FLOW
                                                                  WASTEWATER        SOURCE
                         M NORTHERN STUDY AREA                      N CENTRAL STUDY AREA                    N   SOUTHERN STUDY AREA
                          Note: Power plants discharge large volumes of wastewater as a result of cooling water requirements. However,
                          the mass of pollutants discharged from power plants is generally small.
                                      Source: National Coastal Pollutant Discharge Inventory, Office of Ocean Resource
                                       Conservation and Assessment, National Ocean Service, Rockville, Maryland.
                                                                                         8'
                                                                             S6                S6
                                                                    33 :@32
                                                                                                 is
                                                               @6       0            0







                          Total Lead, by Hydrologic Unit and County, Discharged Into Adjacent Areas
                               Under Consideration for the Monterey Bay National Marine Sanctuary
                                                        Study Areas, by Source, circa 1984


                       400-





                       300-00

                 LU
                                                                                                        224


                 x CC
                 0 LU
                       200-



                   Z
                 LU :D
                   0
                       100-00                                                   75
                                                                      49           39          51            47
                                              12                 16                       is
                               4 7 0 0             0                       0,
                                                                                       0                       0     0 0 0       0 0 0
                            11 100
                         0 -QSTEWATER* DIRECT          PMO VWWE R             CROPLAND      FOREST      -P.ASTURE IF!Rnam' UPSTREAM
                            TREATMENT     INDUSTRLAL   PLANTS      RUNOFF      RUNOFF       RUNOFF    AND RANGE     RETURN     SOURCES
                             PLANTS       DISCHARGE                                                     RUNOFF      FLOW
                                                                       POLLUTANT SOURCE
                           E3 NORTHERN STUDY AREA                     0 CENTRAL STUDY AREA                    E SOUTHERN STUDY AREA
                                                      Source: National Coastal Pollutant Disdune Inventory, Office of Ocean Remxces
                                                             Conservation and Assessment. National Ocw Service, Rockville, MarAand.
                                                                      490                      51
                                                                           0








                    Total Volume, by Hydrologic Unit and County, of all Suspended Sediments
                    Discharged into Adjacent Areas Under Consideration for the Monterey Bay
                             National Marine Sanctuary, Study Areas by Source, circa 1984


                                                                               . .. ..... 7481
                8000






                       000
             UJ 6000
           LU CC
           0 w
           CC CL


           Q z
           S20  4000
           0 @-                                                        2611      2769
           -1 U.
           ot0                                                    2510               611
           0 U)                                                                                1834
             Z
             0
                2000   0'0

                                                                             490
                                                             49                                         10
                          6 8       0 4 0         o 0     5      0                                   0     0    0 6 0
                                0
                                                                                                                    IIIW
                     0
                       WASTEWATER DIRECT       POWER      URIBAN   CROPLAND    FOREST    PASTURE   IRRIGATION UPSTREW
                       TREATWENT  INDUSTRIAL   RANTS      RUNOFF    RUNOFF     RUNOFF   AND RANGE   RETURN     SOURCES
                        PLANTS    DISCRARGE                                              RUNOFF     FLOW
                                                           POLLUTION SOURCE
                           NORTHERN STUDY AREA            E CENTRAL STUDY AREA                  SOUTHERN STUDY AREA
                                        Source: National Coastal Pollutant Disdmqp Inventory, Office of Ocean Resource
                                              Conswv"on and Aggeownent. Nallonej Ocean Servics. Rockville, MaryWW.







                                                Total Nitrogen, by Hydrologic Unit and County, Discharged Into
                                                                Adjacent Areas Under Consideration for the
                                                                  Monterey Bay National Marine Sanctuary,
                                                                                 by Source, circa 1984

                            25000-



                                                                                                                   20434


                                                                                                                     -4-3
                            20000     0@                                                                                        17125
                                                                                                                        IN 6122

                     UJ


                     4  CC
                            15000-000
                        LU
                     U) >-                                                                           11233
                        cc
                        LU                                                                      9098
                     z
                     LU U)
                     0  z   10000-00
                                                                                                                                       7253
                     0
                     CC


                     z


                                     -000    2910
                             5000
                                         1447                                                                                                      1730
                                                                                        747
                                                                                   222                   ...
                                                                                                                                                                 299
                                        00"                117
                                                                                                                                             0          0 0           0
                                                   1   0         0 0 0 0                      0
                                                                                W.
                                 0-99          .1- - .
                                       WASTEWATER ' DIRECT            POWER         Upa"         CROPLAM         FOREST         PAVURE       IRRIGATION    UPSTREAM
                                       TREATMENT     INDUSTRIAL       PLANTS        AL#40F;F      A1.1111110IFF  RI.*4wF       A11111111DRIVIIIGE RIERIFIN SOURCES
                                        PLANTS       DISCHARGE                                                                   MINDIFF       FLCw


                                   E3 NORTHERN STUDY AREA                          9 CENTRAL STUDY AREA                              a   SOUTHERN STUDY AREA

                                                                                      POLLUTANT SOURCE
                                                              Source: National Coutal Pollutant Disch" lnv*ntDry, Officill Of Ocean R91110urc9s
                                                                      Cwmwva&m    .NW Amument. National 00"In Service Flockville. MwyiwW.
                                                                                    . @747
                                                                                              0





 .0           APPENDIX E:                                           ABBREVIATIONS








   0










   0.











           AMBAG - Association of Monterey Bay Area Governments

           APPS - Act to Prevent Pollution from Ships (33 U.S.C.      1901 et
                     sea.)

           ARB - Air Resources Board

           ASBS - Areas of Special Biological Significance

           BLM - Bureau of Land Management, Department of the Interior

           CBNMS - Cordell Bank National Marine Sanctuary

           CCA - California Coastal-Adt

           CERCLA   Comprehensive Environmental Response, Compensation and
                     Liability Act

           CDF&G   California Department of Fish and Game

           CDP&R   California Department of Parks and Recreation

           COE - U.S. Corps of Engineers

           CWA - Clean Water Act (33 U.S.C. ï¿½ï¿½ 1251 et se

           DOD - Department of Defense

           EIS - Environmental Impact Statement

           EPA - Environmental Protection Agency

           ESA - Endangered Species Act (16 U.S.C. ï¿½ï¿½ 1531-1543)

           ESNERR - Elkhorn Slough National Estuarine Research Reserve

           FAA --Federal Aviation Authority

           FMP - Fishery Management Plan
           FWS - Fish and Wildlife Service,  Department of the Interior

           GFNMS - Gulf of the Farallones National Marine Sanctuary

           GGNRA - Golden Gate National Recreation Area

           LRA - List of Recommended Areas

           MBNMS - Monterey Bay National Marine Sanctuary


                                             E-2











               MEMD - Marine and Estuarine Management Division, NOAA, DOC,
                      .Previously the Sanctuary Programs Division (SPD)

               MFCMA - Magnuson Fishery Conservation and Management Act (16 U.S.C.
                        ï¿½ï¿½ 1801 et se .)

               MMS   Minerals Management Service, Department of the Interior

               MMPA   Marine Mammal Protection Act (16 U.S.C. ï¿½ï¿½ 1361 et sea.)

               MP - Management Plan

               MPRSA - Marine Protection, Research, and Sanctuaries Act (33 U.S.C.
                           1401 et seg.-and 16 USC ï¿½ï¿½ 1431 et secl.)

               NAS   National Academy of Sciences

               NERR   National Estuarine Research Reserve

               .NMFS  National Marine Fisheries Service, NOAA, Department of
                      Commerce

               NOAA   National Oceanic and Atmospheric Administration, Department
                       of Commerce

               NPDES    National Pollutant Discharge Elimination System

               NPS - National Park Service, Department of the Interior

               NRP - National Research Plan (ME14D)

               OCS - Outer Continental Shelf

               OCSIA    Outer Continental Shelf Lands Act (43 U.S.C. ï¿½f 1331 at


               PG&E    Pacific Gas and Electric

               PFMC - Pacific Fisheries Management Council

               PRBO - Point Reyes Bird observatory
               PRNMS - Point Reyes-Farallon Islands National Marine Sanctuary

               PRNS - Point Reyes National Seashore
               RWQCB - Regional Water Quality Control Board
               PWSA    Ports and Waterways Safety Act (33 U.S.C. ï¿½ï¿½ 1221 et seg.)

               RFP    Request for proposals

                                                  E-3











          SAC - Sanctuary Advisory Committee

          SEL - site Evaluation List

          SPD - Sanctuary Programs Division, NOAA, Department of Commerce,
                now called Marine and Estuarine Management Division (MEMD)

          SRP - Sanctuary Research Plan

          SWRCB   State Water Resources Control Board

          USCG   United States Coast Guard, Department of Transportation

          VTSS   Vessel Traffic Separation Scheme (USCG)

          WDR   Waste Discharge Requirement



































                                            E-4





                       gr--ObAgg -V C*4(XPWr
                                            'S






         I






                              Monterey                   Final Environmental
                                          Bay                 pact Statement/
                                 National                Management Plan
                                    Marine                            Responseto
                             Sanctuary                   vCoolmummeenIlts on the Draft EIS/MP





                                                   4L








                         U.S. Department of Commerce
                         National Oceanic and                           or
                         Atmospheric Administration                                   AN@
                                                                                      Mbb..,
                                                                                 A
                                                                          @7\

                         Sanctuaries and
                         Reserves bivis.ion                              Of to/  \wwwwV00)






                         Monterey Volume [I:
                                   Bay       Responses to
                            National         Comments Raised
                              Marine         by the DEIS/MP
                         Sanctuary



                        United States Department of Commerce
                                         August 1991










                       Prepared BY:

                       Sanctuaries and Reserve Division

                       Office of Ocean and Coastal Resource MOncQement

                       National Ocean Service

                       National Oceanic and Atmospheric Administrotlon
                       1825 Connecticut Avenue, NW, Suite 714
                       Washington, D.C. 20235











                                                                                                   Table oi Contents



                                    Issue


                                    Introduction      ................................................................................................. ............ . . . ......................4

                                    Figure 1. Proposed Sanctuary Boundaries                        ............................................................................................5

                                    Table 1. Issues Raised by Gov1. Officials, Govi. Agencies, Organizations, and Business/Industry                                                 ....6

                                    Issue 1: Sanctuary Boundary                  ............................................................................ ............................  -10
                                    Boundary Afternatives/Extensions
                                    Central Coast Sanctuary Proposal
                                    Def inition of the Term "Buffer"
                                    Buffer Zone Dimensions and Regulations
                                    issue 2: Hydrocarbon DeveknxneM                        .. . ........              . ........................................                 ....... 12
                                    Regulation and Prohibition
                                    Activities in State Waters
                                    Impacts
                                    Issue 3: Vessel Traffic             .......................................................................................................................... 13
                                    Regulation and Prohibition
                                    Vessel Traff ic Monitoring
                                    Issue 4: Oil Spill Contingency Response Plan                            ................................................................................... 16
                                    Oil Spill Prevention
                                    Oil Spill Contingency Plan
                                    Cleanup Activities
                                    Moss Landing Terminal
                                    Oil Spill Penafties
                                    Wildlif e Considerations
                                    Issue 5: Depositing and Discharge Activities                          ...................... . ............................. . ...... . ................... 19
                                    Introduction
                                    General State and Federal Regulatory Control
                                    NPOES Permits
                                    increased Costsot Improved Treatment
                                    Comments on the DEIS
                                    Fishing and Vessel Operation Discharges
                                    Land-based Dischargers
                                    Water Quality Issues
                                    Air Quality Issues
                                    Desalination Regulation
                                    Environmental Concerns
                                    issue 6: Alteration of, and Construction on the Seabed                                ............... . ............... ... . ..... . .................... 26
                                    Regulatory Authority
                                    Geophysical Surveys
                                    Dredging
                                    Ocean Dumping
                                    Sandmining
                                    Artificial Reefs













                 Issue 7: Kelp and Aquaculture                ............................................................................................................ 29
                 Operation and Regulation
                 Ecological Effects of Kelp Harvesting
                 Regulation and Operation of Aquaculture and Kelp Harvesting

                 Issue 8: Harbor Exclusion              .................................................................................................................... 30
                 Issue Clarification
                 Harbor Redefinition

                 Issue 9: Linkages with the Elkhorn Slough                     ........................................................................................ 31
                 Sanctuary Linkage

                 Issue 10: Nearshore Development                   ...................................................................................................... 32
                 Protection of Coastal Lands from Development
                 Seawall Impacts
                 Beach Nourishment


                 Issue 11: Historic Resource Protection                  ....................................................................................... . ..... 33
                 Resource Preservation
                 Shipwrecks

                 Issue 12: Taking of Marine Mammals and Seabirds                           .......................................................................... lu
                 Prohibition of Take
                 Incidental Take
                 Current Legislation
                 Coordination with U.S. Fish and Wildlife Service
                 Coordination with Environmental Groups

                 Issue 13: Fishing Activities             .................................................................................................................. 36
                 Regulation and Prohibition
                 Gill Net, Trammel Net, and Other Fishing Methods
                 Shark Fishing
                 Comments on the DEIS

                 Issue 14: Motorized Aircraft             ..............................................o .................................................................. 38
                 Prohibition of Overflights
                 Regulation of Overflights
                 Seaplanes/Airport Approaches
                 issue is: Personal Water Craft                ............................................................................................................ 39
                 Prohibition and Regulation
                 Def inftion of Personal Water Craft
                 Policy Timetable
                 Emergency Response Exceptions
                 State Consultation
                 Issue 16: Sanctuary Management                     ....................................................................................................... 40
                 Preferred Management Plan
                 Financial Considerations






                 2










                        1wM

                        Regulation and Management
                        SAC: Participation
                        SAC: Composition, Organization, and Function

                        Issue 17: Military Activities  .................................................................................................................. 43
                        Oil and Gas Activities
                        Military Training Exercises

                        Table 2. Abbreviations   ............................................................................................................................ 44

                        Table 3. Petitions  .................................................................................................................................... 46

                        Table 4. Public Hearing Speakers   ..........................................................................................
                        Table S. Individual Commentors     .............................................................................................................. 51



































                                                                                                                                     3












                                                               Introduction


              Volume 11, Response to Comments Raised by the              These comments contributed to the evolution of
              DEISIMP, summarizes the comments received on the           NOAA's policies concerning the proposed Sanctuary.
              Draft Environmental Impact Statement/Management            This volume clarifies the issues expressed by the
              Plan prepared for the proposed Monterey Bay                commentors, and presents NOAA's position on
              National Marine Sanctuary. This document provides          proposed activities in the Monterey Say National
              the National Oceanic and Atmospheric Administration        Marine Sanctuary.
              (NOAA) with the opportunity to respond to these
              comments in a comprehensive manner.                        All letters, documents, and scientific papers were
                                                                         read and divided into five categories: individuals,
              On November 7,1988, Public Law No. 100-627                 government, organizations, industry, and public
              directed the Secretary of Commerce to designate the        hearing transcripts. Each comment was carefully
              Monterey Bay National Marine Sanctuary. This               analyzed and grouped into one of seventeen issues.
              directive automatically advanced Monterey Bay to           NOAA's response is printed across from each
              active Sanctuary candidate status. In 1989, two            comment.
              public scoping meetings were held and response was
              favorable to proceed with the DEIS/MP. The DEIS/           Table 1 shows issues raised by government officials
              MP was completed and released to the public on             and agencies, organizations, and industry. Their
              August 3, 1991. The document proposed the                  letters are located in the back of this volume. Indi-
              establishment of a National Marine Sanctuary cen-          viduals who commented on the Monterey Bay
              tered on Monterey Bay to facilitate the long-term          National Marine Sanctuary are listed in Table S.
              management and protection of its resources. Specifi-
              cally, the DEIS/MP presented boundary and regula-
              tory alternatives and environmental consequences of
              each choice. It also provided details on the most
              important Sanctuary resources and uses.

              The Sanctuaries and Reserve Division received over
              1,200 written comments during the 60-day period
              between August 3 and October 3, 1991 from individu-
              als, organizations. industry, and State and Federal
              government. In addition, over 200 statements were
              presented at three public hearings held on the
              following dates:      -

              September 12, 1991: Monterey City Hall
                                     Monterey, Callomia

              September 13, iggi: Veterans Hall Auditorium
                                     Santa Cruz, California

              September 14,1991: Half Moon Bay Community
                                     Seniors Center
                                     Half Moon Bay, California.











              4








                                  MONTEREY BAY SANCTUARY BOUNDARIES, ANALYSIS AREAS, ADJACENT COUNTIES, AND HYDROLOGIC UNrrS





                                                                                      1805000S
                        INORTHER
                       .900 SquamNsuacal Oles
                                                                      Francisco


                                                                        Mateo
                                                                                                     18050006



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

                                                                     . ............-......
                                                                                        W.4
                                                                              ...............  ...........
                                                                                ........... X.:
                                                                                                                   18060001
                                                                     X....... .....



                                                                                                                            18030002

                                                                                                                                18060011



                                                                                                                                       18060012


                         ICENTRALA=REA
                                                                                          .... .........
                       2500 Square Naubcal Adiles








                                                                                                          X
                                                                                                              X..
                                                                                                           .



                                                                                                                    ............
                                                                                                                            .. . ......... .--..
                                                           soLrrHERN A=F;EA
                                                       700 Square Nauftal Miss                                                                                           18060006



                                                 Square mileages are approximate.
                                                                                                                                                          .Xxx
                                            Numerical values indicate hydrologic               units.
                                                                                                                 sion,       i:*@*.-t
                        Map data prepared by the Strategic Environmental Assessment Divi
                                  office of Ocean Resources Conservabw and Assessment,
                                         National Ocean Service. RockWle, MarYbnd-

                                                                                    MUNDARY AL7E:t@WIVES











                                                                                                                       L                                               Alternative 7
                              Alternative 1          Alternative 2           Alternative 3          Alternative 4          Alternative 5         Alternative 6











                                    Table 1. lefties Ralsed by Gvt. Officials, Gvt. Agencies, Organizations, and Agencies



                                                                                                                             4f





                                           aovwvwwd

                                           As"m*msn Sam awnes                                              x        x        x       x                 x
                                           Assemblyman SAM Farr                                            x                 x       x        x        x
                                           Anernolyman Ted LwnW                                            x        x        x       x        x        x
                                           AMOMMVWWW K Jacqueline Speler                                   x
                                           CaMornla AMM wy General John Van Do Kamp                        x        x                         x
                                           Camornia Governor George Due"lan                                x                 x                x        x
                                           State Senator kfionleon                                         x
                                           Sims Senaw Hwq J. Mallo                                         x        x                x
                                           State Senator 141ton Morki                                      x
                                           Slaw Senator Ouendne Koo                                        x                                  x
                                           Slam Senator Fbwoca Nbrpn                                       x                                  x
                                           U'S. Representative Leon E. Panetta                             x        x        x                x
                                           U.S. PAprevemalkv Tom Campbell                                  x        x                         x
                                           U.S. PAjpnmmwuW* Tom Lantoo                                     x        x        x
                                           U.S. Senator Poe Wbon                                           x        x        x
                                           Total for Government 0111daft                                   15       8        7       4        8        4    0          0

                                           Gover"w*ent AgwwADe
                                           Aawdetion at hlorearvy Bay Ant* Gwomments (AMBAG)               X        x        x       x        x        x
                                           CaMomis Air Reawrose 50IM                                                                          x
                                           camowft Cw" C4mmiaalon                                          x        x        x       x        x        x               x
                                           Calornis D*Wffwll of Fbh and Game                               x                                  x        x    x
                                           C&Wwft D"W *I Partin aM Recreation                             x                 x       x
                                           Calwornia DOW 0 ol Transportation                                                                  x
                                           Cawornia Pagional Weer Ouawy Control so"                                                           x
                                           Caillornia. State Lwde Commission
                                           City of Capilow                                                 x        x        x                x        x
                                           Cay of carmai-SymWS"                                            x                                  x
                                           C" d ORMY                                                                                          x        x
                                           Cky at Hall Moon Bay                                            x        x        x                x
                                           Cky at Manna                                                    x        x        x                x        x
                                           City of ww""                                                    x        x        x                x        x               x
                                                                                                                                              x        x
                                           City of Morgan No                                                                                  x
                                           Cky of pooft Grove                                              x        x        x
                                           city of Paoft&                                                  x        x                         x
                                           Cky of San Ru                                                   x                                  x
                                           CNY of San MONO                                                                   x                X
                                           Cky of Santa Cna                                                x        x        x       x        x        x
                                           CRY of Scaft Valley                                             x        x        x
                                           CRY d Sesside                                                   x        x                         x
                                                                                                                                              x
                                           day of wawwft                                                                                      x        x
                                           Corps d 810@                                                                                       x        x
                                           County SwUlon 0         at LA. CouM                                                                x        x
                                           Department of ft Army                                                                              x        x
                                           0"artment of ft M"
                                           EfwbVnMWW Pmoctlon Aq-V                                         x                         x        x        x
                                           Landeb-M ft Creek Pass                                          x                                  x
                                           Manne ceir" VAIW OMM                                                                               x
                                           MMI"@)ftyU I AlrCOM1310111M                                                                        x
                                           Marvervy C4u"                                                   x        x        x                x        x
                                           moo" V CoA* A@tLfttW COffddMBW
                                           Mwwev Pw*mm Floglo"If Pwk olow                                  x        x        x                x        x
                                                                                                           x                                  x
                                           Monexey PenwMIA vftw hftmvnwo ow"                                                                  x
                                           MW @@ I p,@0 We=, ftamort Control Agency
                                           pasoMWO CWWWAy Qwnd                                             x        x
                                           Sell Fimmiew COUM                                               x
                                           San LL08 Owepa C-W"                                             x                                  x
                                           San whoo Cou"                                                   x        x        x                         x               x
                                                                     DWW                                                     x       x        x                        x
                                                                                                             Y00)












                                                                                                           x x
                                           3MA Cna CMj"                                                    x                                           x               x
                                           Sent;& CnAt PWI Okra
                                           U.& Depwimars of ft
                                           Total jor Qwmmwt AgWANS                                         29       Is       is      6        36       if     1        5

                        6










                                                    Table 1 cont. Issues Raised by Gvt Oftials, GA. A4encles, Organluftns, and Ag



                                                                                                                                                         A,
                                                                                                                                                                  4

                                                                                                                                                                       Ve



                                                               Amwiran Catiscean Society                                      x        x                          x        x
                                                               Bonwonwftdale Hai wow w Association                            x
                                                               84 Stick Serving Associalion                                   x
                                                                 arrAa NaDve PIM Society                                      x                 x
                                                               Cafflomis State Park Rangers Association                       x
                                                               C;amw W Marine Conservation                                    x        x        x                 x        x
                                                               Cantral COomia Council of Diving Ojos. Inc.                             x        x                 x        x              x
                                                               Central Caillamis, Wildift Federation                          x                 x
                                                               Central CoW Agricultural Task Force                                                                x
                                                               Car" Cow Conservation Center                                   x        x                          x
                                                               Central Coast OCS FlOgWal Stud$$ Program                       x        x        x                 x        x
                                                               Coastal Concern                                                x        x        x                          x
                                                               Cafft Palm Museum                                              x
                                                               ngj-Md@M of Ww's                                               x        x        x                 x        x
                                                               Elkhorn Sough Foundation                                       x                 x
                                                               Elithorn Saigh hterpretive Guidet; Association                 x        x        x                 x        x
                                                               renew of Prince Williarn Sound                                 x        x        x
                                                               FAINXIS d to S" Ow                                             x        x        x        x        x        x
                                                                        I a io the Future                                     x
                                                               I        a A4 dulow Society                                    x        x        x        x
                                                               Mao Mom Say Fishermare Marketing Asso"lon                               x                          x
                                                               koftne ot Marine Science, UCSC                                 x        x        x
                                                               La i im Wanershed Council                                      x        x        x
                                                               LandeftwMill Big Cre" Reserve                                  x
                                                               L&Mgua d Wol w Voters (Pagional & National)                    x        x        x                 x
                                                               Moto y Bay Aquarium                                            x
                                                               Mores, ey Say Ounes Coalition                                                                      x
                                                                       Bay Teachers           1017                            x
                                                               Moreeney, Peninsula Audoloon Society
                                                               Most; LarAV Moire Laboratory. Student Body                              x        x
                                                               Natio" Audd3on Society
                                                               Natural Resources Detwas Council                                                 x        x
                                                               Northern COW                                                            x
                                                               Clow Alliance                                                  x        x        x                 x
                                                               oamn Protection C0411110"                                      x        x        I                 x        x
                                                               P    Comm Federation d Flahermans Assockdore                   x        x                          x
                                                               pecift arow@ Muneurn of %ailural Hislict y Association         x        x        x                 x        x
                                                               San Mom mums" Society                                          x
                                                               Son Cna SPCA                                                   x
                                                               Sam our S? I                                                   X        a                 11       x        I
                                                               Sierra Club (PagWal & Na*r4                                    x        x        x        I        x
                                                               Sudiltiss Four4stion                                           9        8
                                                               Ventishis WkbMWM SWXbAkfy                                      x        r        x
                                                               Wed.      Sac" (PAOWAd a NUWM                                  x        x        x                 x        x

                                                                                                                                       as       76       5        29       12      0       2



                                                               Amsft Dralopmarri CO.                                                                              x
                                                               EA.                                                            x                 x        x        x        x
                                                               G&WO.&MOMW                                                                                         x
                                                               Kaloo                                                          x                                   x                x
                                                               Mwadoclno sea Vappat" Cwr"M                                                                        x
                                                               W-1, @ May". Eftnrw a HM                                                                           x        x               x
                                                               Pauft Gas, a Electric; COMP"                                                     X
                                                               genes Cruz Seaside CAMPPOW                                     x        x        x                 x                x
                                                               UA
                                                               TOM for w4wry                                                  4        1        3        1
                                                               F.        Total: OWL. OMMAM"ona. hillusilry                    st       51       so       11111,   71               3









                                Table I cofit. issues Raised by Gvt OffiCials, Gvt. Agencies, Organizations, and Agencies







                                       GG%vffmW4 Omalm"

                                       Asseeft"w SaM Barnes                                              x                                         x       x
                                       Asser"men Sarm Farr                                                                                         x       x
                                       Aa@wMy- Ted LWTPW                                                         x
                                       Aseefft"mw V- JaMUelne Sp@W
                                       Callomis Allomey General Jdm Van Do Karm                                                                    x               x
                                       CWNwft Governor GWW Djs@                                                  x       x                x
                                       Stale SWAM Morrison
                                       State SWAW Henry J. MGM                                                           x
                                       stale Sermlor Mmon Marie
                                       Sme Swmv Ouwvdrw Kapp
                                       Suft 4-noor Reb-
                                       U.S. Reprementolve Leon E. Pansma                                                          x                        x       x
                                       US. RepreasnWa Torn Campbal
                                       US. RepresentmAm Torn Lantos
                                       U.S. Sensor Pam Wbon

                                       TobW for Gmimerdnont COC"                                 0       1       2       2        1       1        3       2       2

                                       Govenninment Aqmrm*m

                                               not Morm" Bay ArmaGomminen (AMBAG)                                x       x                x        x       x
                                              Air Resources Board                                        x
                                       CaNlorrAs Coastal Commission                                      x       x       x                X        X       X
                                       Caorno OWwnm of Fish and Gone                             x                       x        x       x                x
                                       CaWornla Depaimunt d Poft and PA=Ozdw
                                       Calarnia Depstimunt d Traroponadon                        x       x
                                       Callon" Regional Wiser Quaft C4mol Board
                                       CaWamis SION Lands Camn"on                                                x
                                       Cky d cq*Aoa                                                              x       x                x        x
                                       c4ty at Canimmi-ey-TNI-Sm
                                       Cay of GbW
                                       Cky of HIS Moon Bay                                                                                x        x
                                       coy of marhm                                                                      x                x        x       X
                                       city of Mal to                                                            x       x                x        x       x
                                       CAy of MorW HW
                                       city d Puft am"                                                           x       x                x        x       x
                                       cay d Padfts
                                       Cky of Son F
                                       city of San mam
                                       Cky of Santa cma                                                          x       x                x                x
                                       CRY of Scaft V&%y
                                       CRY d Samode
                                       City *I Wow WNW
                                       Corps d E gh"
                                       Ciour" Ser"lon ONO" of Lk Cot"
                                       Dapaimurm of ft Amy                                                                                x
                                       Ompartrnart at ft Nory                                                                                                      x
                                       E. vs onilm PNI@Cft    AQWCV                                                                                x
                                       Landml@40 81 Croak PAM"
                                       main COOq wow Dierks
                                       mar" any U Air CAr" MOrts
                                       Mar" CON4                                                 x       x       x       x                x        x       x
                                       mor" cc" ftft*u'W ON-unle"                                x                                                         x
                                       MW.   1 c4umv WAW momp"Wra ClOft
                                       man" Pankow@ PAOM m Amikohma                                              x       x                x        x       x
                                       Mor" Penksma Vim Managerned C
                                       . .- - ey A 91 m I Wow PokAmm C;onW Agercl
                                       Pomm" ummir" CWWA
                                       San F - -1 - CAm"
                                       San Luis ab"O cau"
                                       son mam cou"                                                                               x
                                                                                                                                  x                        x
                                       safte"Cour"                                                                                x                XX      x
                                       Sam Cruz Part chorb                                                                                         x
                                       U@L Deperement d to                                                               x
                                                                                                 4       5       1       11       4       is       13      It      2
                                       Tow forawwwrortAp










                                               TWO I COM ISSUSS Raised by GA. Offictals, Gvt. Agerw*w, Organizatlons, and Agencies








                                                    Origisnizatiors

                                                    &dwm Society                                                                                 x
                                                    Anwicen COACMn Sock"                                                         x       x       x        x       x       x
                                                    Boreeford-Hillowle Hweowrws Ansoclaakm
                                                    ft Stick SwvWV Assacistion
                                                    Caftris NNKV PWM smww                                                                                         x       x
                                                    CoUtwis Swe ftrk PaVers Assoclstlm
                                                    Comer for Marl" corlservaborl                                                x       x       x        x       x       x
                                                    Corltral C4111cmis Coircil of DM% CluW. ft.                                          x       x                x       x
                                                    Commit C4911lomis Wkft Federation                                                                                     x
                                                    Comrsl Cow Acrictftral Teel; Force
                                                    Comfol coast Corlservullorl Comer
                                                    Camral Cowt OCS PAglorW Studles ft*w                        x     x          x       x                x       x       x
                                                    C4"w Corcerm;
                                                    Coyote Pow MUMM
                                                    Doismism 01 "it"                                                                                                      x
                                                    Elldwo Slough Foundadw                                      x                                                 x       x
                                                    ENIorn SlQugh IMWWGWG GukJQ5 Ass0dellOn                     x                x       x       x        x       x       x
                                                    Rim olPh VAIllornSound
                                                    Friends of the See Otter                                                             x                x       x       x
                                                               to Me Fwn                                                                         x
                                                    Goiden Goo ALduban SccWy                                                                                      x
                                                    No Moan Boy FWwmsm Morksting Associobw                                                       x
                                                    vlauto of Muft Sdww. UCSC                                                                    x
                                                    La Horids Werunhod Council                                                                                    x
                                                    LAMOW-M ft Crook PAserve                                                                                              x
                                                    Lsq;w ol Vftmon Vam (PW&nW & Nollorial)                                                      x                x       x
                                                    Monterey SW AQ-1-                                                                                                     x
                                                    Momer" NY Dwm Cob%w                                               x
                                                    himemy Bey Tfischm Astioddlion
                                                    Momoroy Pw*wuk ALdobw Society
                                                    Man Lwdft Mwft Lsboruory. StWM Body                                          x       x                x       x
                                                    Noblei hdobon Society                                                                        x
                                                    WLM Pdocurm Delervis Council
                                                            cam so"
                                                    Ocow AMWM                                                                                    x                x
                                                    Oates PFGNK*Wt C4w                                                          X       x       x        it      x
                                                    Fed cam Feders"on GfFkbwmim*ssmdvmom
                                                    Pod Grow kknournoININWHOWIVANCIC141"
                                                    Son Maso HLmm Sad"
                                                    So" Our Shorell                                                                                       x       x       x
                                                    Sierra Ckb Mogial a Nowdo                                          It                        x                x       x
                                                    SurMaw Foundodon                                                                             x
                                                    versomil MAN       SwdLwy                                                    x       x                        x       x
                                                              Society (         & Nedow
                                                    YNdwnm Q M F4 ) ol CA IN Nordwist PAQkM Offim                                                         x
                                                    Tobw for Omortwkwo                                          3      3         9       12      is       10      is      is


                                                    Armift Dwnftffwt Co.                                                                         x
                                                    FA a
                                                    GWn4AMCWO*                                                                                   x                        x
                                                    KOM
                                                              ses velpstow C4"p"
                                                    NOW iliviaq,lEds" IIIIHIM                                                                                             x
                                                    pedft am a Deem Cornpom
                                                    So" Cna Somme CoMPWV
                                                    U& MOM


                                                    Taw ow 111"ry
                                                    C=oWned TOW: Gvl- OPPWZWDM WWLIWY                                     0      w       0       n                34      33

                                                                                                                                                                                                 9







               Tss7ue 1 -- Sanctuary Boundary

               Comment                                                     NOAA Response

               Boundary Alternatives/Extensions                            Boundary Alternatives/Extensions

               NOAA should extend its preferred Boundary Alterna-          NOAA's preferred boundary is Alternative 2. This
               tive because a northern extension (Alternative 4)           afternative was chosen because it integrates impor-
               would: 1) protect the critical nesting and migratory        tant coastal, nearshore, and deep-ocean canyon
               paths between Monterey County and the San Mateo             resource zones under one management regime.
               coast; 2) create a continuous interrelated zone             These zones include Monterey Bay; the Big Sur
               offshore between Monterey Bay and the Gulf of the           coastal area; Af)o Nuevo; the adjacent continental
               Farallones Marine Sanctuary; 3) restrict or prohibit        shelf, slope, and rise; certain highly productive
               industrial activity that threatens the Sanctuary,           shoreline and intertidal areas such as Pescadero
               particularly oil and gas activities, and 4) provide a       Marsh and Elkhorn Slough; and the deep ocean
               suff icie nt buffer for AM Nuevo from threats such as       environments of the Ascension, Monterey Bay, Big
               hydrocarbon development and vessel traffic, and 5)          Sur, and Partington Canyon complexes. The
               provide additional protection to the Fitzgerald Marine      Monterey Submarine Canyon is the focal point of the
               Reserve which protects a diverse intertidal inverte-        Sanctuary. Extensions will not significantly incorpo-
               brate community.                                            rate additional natural resources associated with the
                                                                           Canyon that warrant Sanctuary protection.

                                                                           Although a northern extension would provide addi-
                                                                           tional protection from oil and gas activities, it would
                                                                           also adversely affect numerous other human uses.
                                                                           The offshore area is trafficked heavily by vessels
                                                                           entering and exiting San Francisco Bay, and is used
                                                                           for dumping and dredging activities by the Corps of
                                                                           Engineers. Extensive military activities occur in this
                                                                           area, as well as underwater submarine training
                                                                           operations. Finally, this area is heavily impacted by
                                                                           both point and nonpoint source pollution, primarily
                                                                           from the urbanized areas of northern coastal San
                                                                           Mateo and San Francisco counties.

               A southern extension (Boundary Aftemative 3) would:         A southern extension would provide minimal addi-
               1) provide additional protection to the extensive kelp      tional protection to the existing resources and pristine
               beds found in the region; 2)encompass more than             habitats while furthering Sanctuary management
               three-quarters of th@@sea otter range; and 3) preserve      costs for enforcement and other related activities.
               an undeveloped a,*4 significant natural area before it      These resources are adequately protected by
               is adversely affected by human impact.                      existing management authorities and are not under
                                                                           any immediate or long-term threat from harmful
                                                                           human activities.
               An extension boili'-fibith and South (AfteMative 5)         Extending the Sanctuary to Alternative 5 would
               would provide full protection for the reasons stated        decrease its manageability and be too costly to
               above.                                                      provide for adequate enforcement, surveillance,
                                                                           education, and research.


               The DEIS does not provide adequate analysis for             The final document (FEIS) has been substantially
               each boundary alternative. The evidence NOAA                revised to present an analysis of all boundary after-
               presents does not adequately support its preference         natives.

               10








                            Sanctuary Boundary


                            Comment                                                          NOAA Response
                            for Aftemative 2. The DEIS states that Boundary
                            Alternative 5 is unwieldy from a managernent
                            perspective and too costly for adequate enforcement
                            measures. This statement needs to be suppoited..
                            Based on relative costs and benefits, boundary
                            alternative analyses should examine the possUfty oi
                            not including certain areas within the Sanctuary.

                            NOAA should develop cooperative agreements with                  NOAA will work closely with agencies through
                            responsible State agencies to accomplish compa-                  arrangements such as Memorandums of Agreemerds
                            rable management goals.                                          (MOAs), between Federal, State, regional, and local
                                                                                             management and regulatory agencies to ensure
                                                                                             Sanctuary resources and qualities are protected.

                            Central Coast Sanctuary Proposal                                 Central Coast Sanctuary Proposal

                            A nomination package should be prepared for a                    A nomination package has been sUbnnftd to NOAA
                            Central Coast National Marine Sanctuary, from Big                thW hidudes Mona Say and the Central California
                            Sur south to Santa Barbara County. Boundary                      Coast. Mwo Bay is included inNOAA's Site Evalua-
                            Alternative 4 should be chosen for the Monterey                  tion List (SEL) and is efigbte for future consideration
                            Sanctuary, so a separate southern sanctuary can be               for active candidate status as a National Marine
                            justified in the future.                                         Sanctuary.

                            Definition of the Term "Buffer"                                  Definition of the Term "Buffer"

                            NOAA should clarify the term "buffer" and discuss its            The term "buffer' has been clarified in the FEIS. The
                            relationship to the preferred boundary, sensitive                preferred Sanctuary boundaries are designated to
                            Sanctuary resources within and outside the bound-                encompass sensitive resources and to provide an
                            ary, and regulatory authority. if a resource is impor-           adjacent area (buffer) within the Sanctuary boundary
                            tant enough to be included in such a zone, 0 is                  where potentially harmful human activities would be
                            important enough to be within the Sanctuary itself.              under Sanctuary jurisdiction.
                            Buffer Zone Dimensions and Regulations                           Buffer Zone Dimensions and ftgulletbw
                            A 30-mile contiguous buffer zone around ft Sandu-                In1wo, P, rident Bu sh announced that oil and gas
                            ary boundary should be created where oil and gas                 activAles woWd bepwhibiked kWelMa4 within the
                            exploration and develloPrnertadivfts would be                    prof erred Sanctuary boundary. Rx0m, ft Presiderd
                            prohibited to ensure protection of marine resources.             said UW no oil and gas devellopmell will O=f Out-
                            This-zone should have enforceable regulations to                 side the proposed Sanctuary in the Central California
                            prohibit Outer Continental Shed (OCS) related                    Planning Area until after the year 2000 when the
                            activities.                                                      analysis of environmental studies conducted in the
                                                                                             area will be completed. NOAA proposed a MOA with
                                                                                             the Minerals Management Service (MMS) to enhance
                                                                                             coordination between both agencies during future
                                                                                             exploration, production, and development activities to
                                                                                             minimize the threats of Od and gas development to
                                                                                             sanctuary resources and quakfies. Hwftver, MMS
                                                                                             recommended the decision to adopt any such MOA
                                                                                             be deterred until after the year 2000. In the interim,
                                                                                             NOAA and MmS will continue to explore ways that
                                                                                             existing regulatory authorities, relationships, and
                                                                                             coordinating mechanisms can be strenghtened and
                                                                                             enhanced to work more effectively.










              Issue 2: Hydrocarbon Development:

             Comment                                                    NOAA Response

             Regulation and Prohibition                                 Prohibition and Regulation

             Oil and gas development within the Sanctuary should        NOAA will prohibit exploring for, developing, or
             either be prohibited or regulated. Concerns range          producing oil, gas or minerals in the Sanctuary.
             from impacts of potential toxic wastes released from
             oil-drilling platforms, reduced tourism due to dimin-
             ished scenic views, lack of adequate emergency oil
             response capabilities, to catastrophic blow outs.

             Activities In State Waters                                 Activities In State Waters

             The Governor of Calffornia recently requested and          NOAA's proposed oil and gas prohibition covers all
             secured the deletion of Monterey Bay and adjacent          State and Federal waters within the Sanctuary, and
             areas from oil and gas leasing activities. All state       thus overlaps with the current prohibition in State
             waters within this region, including the Bay proper,       waters. However, the State can revise this prohibi-
             now fall within a State Oil and Gas Sanctuary in           tion at any time. NOAA's prohibition will ensure long-
             which oil and gas activities are prohibited.               term. protection of both State and Federal waters.

             Impacts                                                    Impacts

             The potential impacts of oil and gas activities are not    The FEIS includes an analysis of Sanctuary impacts
             clearly analyzed in the Draft Environmental Impact         on all resources and uses (including oil and gas) for
             Statement (DEIS). The FEIS should examine direct,          all boundary afternatives.
             indirect, and cumulative impacts on all proposed
             boundary alternatives.




























              12


Issue 3: Vessel Traffic

Comment

Regulation and Prohibition

NOAA should either regulate or prohibit vessel traffic within the Sanctuary area. Specifically: 1) traffice should be prohibited unless vessels are bound for a destination within the Sanctuary; 2) size of vessels to be regulated or prohibited from the Sanctuary area should be clarified; 3) vessels should either be routed offshore and avoid the Sanctuary area completely, or traffice lanes should be developed along the Sanctuary edges; and 4) vessels traveling along the Sanctuary boundaries should be limited to specific port access routes and shipping lanes established by the United States Coast Guard (USCG) and NOAA.

A 10-year moratorium on vessel traffic within the Sanctuary should be imposed until double hulls becomes standard and adequate contingency and emergency response plans are in place. Vessels that are Sanctuary-bound and carrying hazardous cargo should be required to have special designs such as double hulls.

NOAA Response

Regulation and Prohibition

NOAA has included vessel traffic regulation in the scope of regulation, and will determine appropriate levels of regulation after designation in consultation with the USCG, State agencies, and the International Maritime Organization (IMO) through the USCG

Since publication of the DEIS, both the State and Federal governments have passed comprehensive legislation regarding protection of the environment from vessel traffic. For example, The National Oil Pollution Act of 1990 establishes couble hull requirements for tank vessels. Most tank vessels over 5,000 gross tons will be required to have double hulls by 2010, while vessels under 5,000 gross tons will be required to have a double hull or a double containment system by 2015. All newly constructed tankers must contain a double hull (or double containment system if under 5,000 gross tons), while existing vessels are phased out over a period of years. The following is a chart showing sample phase-out years:








NOAA believes that the intent of a 10-year moratorium is already adequately addressed by the 1990 Oil Pollution Act. The Act also mandates that tank vessel and facility contingency plans are prepared for a worst-case discharge, and vessel plans must be reviewed and approved by the USCG. Also, a new California law, SB2040, California's Oil Spill Prevention and Removal Act, states that no tanker may use any terminal in the State after January 1,2000, unless the vessel is double hulled. SB 2040 also requires that while entering, leaving, or navigating in the harbor, large tankers be accompanied by a

13









                                                                                                                        Vessel Traffic

               Comment                                                       NOAA Response

                                                                             tugboat or tugboats, except under those circum-
                                                                             stances where the harbor safety committee finds that
                                                                             tug escorts are not beneficial. To assure safety and
                                                                             compliance, SB 2040 requests a review and evalua-
                                                                             tion of the pilotage groups, the USCG, and the
                                                                             maritime industry.

               No vessels containing nuclear materials or hazard-            All vessels will be reviewed by NOAA and the USCG
               ous wastes should be allowed within the Sanctuary             to determine appropriate action.
               boundary, thus establishing the MBNMS as a
               nuclear-free zone.

               Vessels must be allowed to travel to and from Pacific         The PG&E plant at the Moss Landing terminal will
               Gas &Electric's (PG&E) Moss Landing Terminal.                 continue operations. The plant contracts with a tug
               Therefore, hydrocarbon transport within the Sanctu-           boat service that takes a mooring master to the
               ary should be prohibited except to and from port              tanker where he/she stays until the tanker docks at
               terminals.Tankers should either be escorted by                the marine terminal. Port access routes in the
               tugboats, or should have captains on deck while in            Monterey Bay area and San Francisco Bay Will be
               the Sanctuary. Port access routes for smaller tankers         maintained.
               traveling to and from Moss Landing should be
               analyzed and clarified, and port access routes to San
               Francisco Bay should be maintained.


               There should be no blanket restrictions imposed on            NOAA agrees. In working with the Coast Guard and
               oil tankers and barge traffic. Commercial vessel              IMO on appropriate vessel traff ic regulations, NOAA
               regulation should be carefully crafted so as to not           intends to develop regulations so as to: 1) not restrict
               preclude the safe operation of such traffic in the            innocent passage or impact foreign and domestic
               future.                                                       traffic; 2) consider the needs of ports in the Sanctu@
                                                                             ary; and 3) protect the natural resources and qualities
                                                                             within the Sanctuary.

               Communities south of Monterey Bay have seriously              NOAA will consider the threats from all vessels
               considered water tankering from Canada. These                 including water tankers as part of the analysis.
               tankers should be regulated separately from those
               carrying cargo. This issue should be addressed in
               the FEIS.
               With NOAA allowing vessel traffic in the Sanctuary,           NOAA believes that the requirements of NEPA and
               only partial protection of natural resources is pro-          the MPRSA have been met. The EIS and Manage-
               vided. This does riot satisfy the necessary protection        ment Plan were prepared in full compliance with all
               based on the requirements of NEPA and the                     NEPA and MPRSA requirements. NOAA will consult
               MPRSA.                                                        with the USCG and the IMO to determine appropriate
                                                                             vessel traffic regulations after designation to ensure
                                                                             that Sanctuary resources and qualfties are protected.

               Vessel Traffic Monitoring                                     Vessel Traffic NbnItorIng
               Monitoring vessel traff ic along the coast may be             NOAA agrees that a vessel traff ic monftoring and
               difficult. A mondoring system should be established           communications system along the Califomia coast is
               which is compatible between public agencies and the           desirable and appropriate for the region. Pursuant to
               USCG.                                                         SB 2040, the State of Callomia is in discussions with


               14


Vessel Traffic

Comment

NOAA Response

the Coast Guard regarding Vessel Traffic Service Systems (a vessel monitoring system) along
the California Coast.  An agreement may be reached by the end of 1993.  The Oil Pollution Act
1990 requires the Secretary of Transportation to complete a comprehensive study on the impact
of installation, expansian, or improvement of vessel traffic servicing systems, including the
effectiveness of tanker-free zones.  NOAA will work with the State, the USCG and appropriate
public agencies during the development of these monitoring studies to determine an appropriate
system for the Sanctuary.

15







                  Issue 4.- Oil Spill Contingency Response Plan
                Comment                                                        NOAA Response
                Oil Spill Prevention                                           Oil Spill Prevention
                An adequate oil spill response plan should be                  NOAA has taken preventative measures to address
                created, emphasizing prevention first and contain-             these threats by: 1) proposing a prohibition of oil and
                ment second. The DEISIMP overemphasized con-                   gas development within the Sanctuary boundary; and
                tainment relative to prevention, and failed to address         2) exploring ways to minimize the release of oil from
                the potential impacts of large spills in and around the        vessels by working to reduce vessel traffic within the
                proposed Sanctuary area.                                       Sanctuary (see NOAA's Vessel Traffic response).
                NOAA data base information should be used to                   NOAA is currently preparing an inventory of past oil
                identify potential oil spill sources, therefore heli:iing to   spills in and around the Sanctuary area, and will use
                prevent spill events.                                          this data to identify potential spill sources and to
                                                                               focus management efforts accordingly.
                Oil Spill Contingency Plan                                     Oil Spill Contingency Plan
                If spills can riot be prevented entirely, a contingency        The FEIS identifies existir4 oil spill contingency plans
                plan should exist for emergency response and                   and efforts in the Monterey Bay area. However,
                cleanup. To facilitate response action, NOAA should            NOAA agrees that the Monterey Bay National Marine
                work with, and build upon, the efforts of other organi-        Sanctuary requires its own contingency plan to
                zations and agencies already developing plans for              ensure that resources are protected during events
                the area.                                                      that threaten the environment. A prototype Sanctuary
                                                                               Contingency Plan is almost complete, and will be
                                                                               tested at the Channel Islands National Marine
                                                                               Sanctuary. Once implementation experience has
                                                                               been gained, the plan will be adapted to other
                                                                               Sanctuary sites, including Monterey Bay. To suc-
                                                                               cessfully implement an organized approach to
                                                                               emergency response, NOAA will incorporate State
                                                                               and Federal legislation, as well as local efforts, into
                                                                               the Sanctuary Contingency Plan.
                There is a lack of emergency equipment and there               NOAA agrees ftt with Sanctuary designation, the
                may be inadequate response capabilities in the                 area will warrant.the equipment rwcessary td handle
                Sanctuary .region. It is important to develop a Sanctu-        large-scale emergency response situations. NOAA is,
                ary contingency plan which recognizes the need for             therefore. exploring the feasibility of purchasing such
                ongoing spill response training and for appropriate            equipment as well as coordinating with OCS industry
                emergency equipment and response plans.                        and local oil spill response facilities. The USCG will
                                                                               be responsible for developing -regional spill response
                                                                               training programs using emergency response equip-
                                                                               ment. NOAA will conduct periodic drills within the
                                                                               Monterey Bay Sanctuary to test local emergency
                                                                               response capabilities.

                An oil spill response facility should be constructed on        The development of an oil spill response facility and
                the Caldomia coast, and a full emergency response              an emergency response team located on the Califor-
                team, including an ocean-going tug boat, Should be             nia central coast will be the responsibility of the State
                centered in Monterey.                                          of California and the USCG. If such a team is devel-
                                                                               oped, and a facility built, NOAA will participate fully to
                                                                               ensure Sanctuary resources are protected.

                16


Oil Spill Contingency Response Plan

Comment

SB 2040, a bill recently approved by the California State Legislature, will provide additional funds for emergency stations and radar equipment to monitor vessel traffic. NOAA should work with state and local radar facilities to tract potential problem vessels.

Cleanup Activities

Agreements should be established between various local, regional, State, and Federal agencies to ensure adequate cleanup response.

Moss Landing Terminal

An organization such as Clean Seas should provide supervisory personnel when a tanker is mooring at Pacific Gas & Electric (PG&E) Moss Landing Terminal. PG&E should be responsible for clean-up if any accidental spills occur as a result of operations at the Moss Landing Power Plant.

Oil Spill Penalties

Penalties should be imposed on those responsible for catastrophic accidents.

Penalties should be imposed on those responsible for catastrophic accidents.

NOAA Response

California's SB 2040 authorizes local governments to develop regional oil spill response plans, and provides funds for a wildlife rehabilitation facility, emergency stations, and radar equipment to monitor offshore vessel traffic. NOAA will coordinate with California to work with State and local radar facilitie to improve vessel tracking.

Cleanup Activities

Under the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR Part 300, the USCG serves as the Federal on-scene coordinator to organize all containment, removal and disposal efforts, and resources during a spill event. If a spill occurs, NOAA will take an active role, to the extent allowable, to participate, coordinate, and actively protect natural resources. During the planning phase, NOAA will work with the existing response mechanism, and will cooperate with local government, industry, organizations, and interested individuals to implement a comprehensive contingency plan. A top priority for the Sanctuary Manager will be to meet with those involved with contingency planning to coordinate Sanctuary roles and responsiblities  during an emergency response situation.

Moss Landing Terminal

NOAA will pursue the viability of recommending that a clean-up organization provide supervisory personnel when tankers moor at PG&E's Moss Landing Terminal. Currenctly, PG&E is responsible for the clean-up of spills at the Moss Landing Power Plant.

Off Spill Penalties

Under the Marine Protection, Research, and Sancutaries Act (MPRSA), section 307, any person subject to the jurisdiction of the United States who violates any Sanctuary regulation shall be liable for a civil penalty of not more than $50,000 per day. Section 312 of the MPRSA states that all recovered amounts can be used to restore, replace, and manage Sanctuary resources.

California SB 2040, Article 9, allows the State to collect $5,000-$500,000 in penalties for violation of the Act. Collected fines will be deposited into the Environmental Enhancement Fund to be used for enhanced projects adjacent to marine water, not for

17







                                                                                      Oil Spill Contingency Response Plan

             Comment                                                   NOAA Response

                                                                       cleanup of oil or restoration. The 1990 Oil Pollution
                                                                       Act (OPA) creates new liability limits for vessels,
                                                                       offshore, and onshore facilities, ranging from $600
                                                                       per gross ton to $350 million per facility. Penalties go
                                                                       to the Oil Spill Liability Trust Fund and can be used
                                                                       for removal costs, damages for injury to natural
                                                                       resources, and public services.

             Wildlife Considerations                                   WIldllfe Considerations

             A sea otter enhancement or study facility should be       Under California's SB 2040, funds will be available for
             created within the Sanctuary area. This facility could    a wildlife rehabilitation facility which will be the
             be converted into a rehabilation station if necessary     responsibility of the State of California. NOAA will
             following a spill. NOAA should cooperate where            cooperate as appropriate.
             appropriate.







































              18










                          Issue 5! Depositing and          Discharging Activibes

                         Introduction


                         All discharges classified under the Clean Water Act       prohibited. Disposal at existing sites, at current
                         (CWA) as "discharges into the waters of the Nation"       frequencies, rnagnitudes and qualities will be regu-
                         are under the scope of Sanctuary designation 15           lated by the Sanctuary to ensure that #*,ack4#y is
                         CFR 944.5 (a) (2)-(3).                                    consistent with the goals of the Sanctuary.

                         NOAA will work within the existing process, rather        Other types of discharge activities, such as nonpoint
                         than create a new regulatory review and approval          source pollution, vessel discharges, toxic sites, and
                         procedure, governing discharge activities in the          river outflow which are subject to Monterey Bay NMS
                         Monterey Bay National Marine Sanctuary area and           regulations but currently do not require a permit,
                         coastal watersheds that currently require (or will        license, or other authorization, will be monitored by
                         require) a National Pollutant Discharge Elimination       the Sanctuary to ensure resources and qualities are
                         System (NPDES) permit or a Wastewater Discharge           protected.
                         Requirement (WDR) permit for discharges 00 affect,
                         or may affect, the Monterey Bay NMS. Generally,
                         these permits are issued for municipal, power, and
                         industrial plants, and for the use of ocean disposal
                         sites.

                         Consistent with the MPRSA primary objective of
                         protecting the Sanctuary and its resources, section
                         301 (b) (5) of the MPRSA, 16 U.S.C. ï¿½ 1431 (b) (5).
                         the Sanctuary regulations address discharges within
                         the Sanctuary boundary (15 CFR 944.5 (a) (2)) as
                         well as those discharges outside the Sanctuary
                         boundaries which may enter the Sanctuary and injure
                         resources and qualities (15 CFR 944.5 (a) (3)).

                         In accordance with section 304 (C) (1) of the MPRSA,
                         16 U.S.C. ï¿½ 1434 (c) (1), NOAA may regulate exist-
                         ing permits through certification which may include
                         the imposition of terms and conditions consistent with
                         the purposes for which the Sanctuary is CISSkyNded-
                         Regulation of new discharge peffftft LSSUed aUff !be
                         date of designation will be suW 108 MvWw Pro-
                         cess which may iinclude added terms and conditions
                         or objection to issuance, as necessary to protect
                         Sanctuary resources and qualities. Any application
                         for an amendment, renewel, or extension to an
                         existing discharge permit will be considered a new
                         discharge permft.
                         No new discharge will be permfited into the Sanctu-
                         ary, unless the discharger can prove that it will be
                         beneficial to Sanctuary resources and qualities. For
                         municipal discharges, the Sanctuary will require at
                         least secondary treatment, as appropriate. depend-
                         ing on the risk to Sanctuary resources and qualities.
                         All new ocean disposal of dredge material will be


                                                                                                                                         19








                                                                                             Depositing and Discharging Activities
               Comment                                                       NOAA Response

               General State and Federal Regulatory Control                  General State and Federal Regulatory Control
               Depositing or discharging from any location within            NOAA agrees, and will regulate depositing or dis-
               the boundaries of the Sanctuary or from beyond the            charging from any location within the boundaries of
               boundaries of the Sanctuary should be prohibited.             the Sanctuary and from beyond the boundaries of the
               The regulation of discharges to improve effluent              Sanctuary, that subsequently enter the Sanctuary
               quality is a significant concern.                             and injure resources or qualities. NOAA will work
                                                                             with agencies and dischargers to certify discharge
                                                                             permits. NOAA may require special terms and
                                                                             conditions, including (but not limited to) improved
                                                                             effluent quality to ensure Sanctuary resources and
                                                                             qualities are protected.

               California's possible loss of control over specific           Approximately 16 percent of the Monterey Bay
               activites in State waters is a concern. NOAA's                Sanctuary ecosystem lies within State waters. These
               discharge regulation and permit activities should be          resources and qualities (including, but riot limited to,
               limited to Federal waters, and such actions should be         coastal wetlands and estuaries) are the most vulner-
               coordinated through the appropriate agencies and              able to dischargers and degraded water quality. To
               cooperative agreements.                                       ensure Sanctuary resources and qualities are
                                                                             protected uniformly in this area, NOAA requires the
                                                                             authority to regulate discharges if it is determined
                                                                             that Sanctuary resources and qualities rnay be
                                                                             injured. Sanctuary staff will work closely with agen-
                                                                             cies through Memorandums of Agreement (MOAs)
                                                                             between Federal, State, and local water quality
                                                                             management agencies to determine specific proce-
                                                                             dures to achieve the goals of the Sanctuary using the
                                                                             existing discharge permitting process.

               The regulatory working agreements, that exist now,            It is NOAA's intent to reach a formal agreement
               specifically between the Environmental Protection             prior to the completion of the management plan prior
               Agency (EPA) State Water Resources Board and the              to designation. NOAA and existing water quality
               California Regional Water Quality Control Board               management agencies are in the process of develop-
               (CRWQCB) should be formally agreed upon before                ing an MOA to determine an appropriate regulatory
               the management plan is adopted to assure coopera-             framework between all agencies to ensure Sanctuary
               tion.                                                         resources and qualities are protected.

               The DEIS is not suff lcient for the Governor of Calffor.      NOAA has enjoyed a close working relationship with
               nia to take action. NOAA should address the confik;t          the State of California throughout the entire designa-
               existing between California policy and Sanctuary              tion process. It is not the intent to supercede Califor-
               designation. A joint EISIEIR must be prepared                 nia laws, but rather to enhance State and Federal
               according to the Caldomia Environmental Quality Act           natural resource protection programs. However.
               (CEQA). This joint plan should respect the laws of            because NOAA is the sole Federal agency respon-
               the State of California, not supercede them.                  sible for designating the Sanctuary, only NEPA
                                                                             applies.
               Some city governments do riot favor NOAA regula-              NOAA will be acting in an oversight capacity within
               tion, and suggest instead that NOAA act in an                 the existing regulatory framework. NOAA requires
               "oversight capacity" to ensure that State and regional        the allthority to act Within this framework to ensure
               boards comply with regional discharge standards,              Sanctuary resources and qualities are protected.
               and address the quality of discharge instead of the
               process. Because NOAA is inexperienced in Califor-


               20








                          Depositing arid Discharging Activities


                          Comment                                                     NOAA Response

                          nia water control issues, it should deter to stft state
                          regulations.

                          NOAA should include California's Ocean Plan and             The.existing plans and standards will provide a
                          the Central Coast Regional Basin Plan standards in          starting point from which NOAA will evaluate how
                          the Sanctuary regulations.                                  effectively: 1) dischargers meet the terms of the plan;
                                                                                      and 2) the standards and guidelines protecting
                                                                                      Sanctuary resources and qualities. In addition,
                                                                                      NOAA does not intend to elirnisnate any exismg Slate
                                                                                      or Federal authority, but rather to build upon the
                                                                                      existing regulatory framework to provide the level of
                                                                                      protection necessary for the nationaft sigridicatit
                                                                                      resources and qualifies of Monterey Bay. However,
                                                                                      inclusion of both plans is inappropriate.

                          NOAA's assumption of regulatory authority is a              The MPRSA gives NOAA different authorities regard-
                          concern. To maintain an equitable regulatory                irg old versus new permits. NOAA can prohibit the
                          regime, old and new dischargers should have the             exercise of new permit applications, but not existing
                          same benefits and restrictions.                             PenTAS.

                          All cities should be required to obtain the appropriate     NOAA agrees. Howew, NOAA does not intend to
                          permit from NOAA, and NOAA should control and               creole a new perrKit process or permit, but to work
                          reduce discharges to improve effluent quality.              with the existing process to reduce delays and
                                                                                      prevent unnecessary paperwork.

                          NOAA should clearly define regulations and proce-           Existing authorities set up standards, criteria, and
                          dures prior to assuming responsibility, and should          discharge requirements. NOAA will work with these
                          clardy its position by either defining requirements         authorities within the existing regulatory process to
                          for all dischargers in the FEIS/MP or by setting            determine if the standards and criteria are sufficient
                          conditional discharge requirements during the               to protect Sanctuary resources and qualities, and that
                          planning phase.                                             these standards and criteria are met.

                          NPIDES Perrnits                                             NPIDES Permits
                          NOAA's certification of the NPIDES permits should           NOAA agrees, and Will work in paraN wthnilevarit
                          parallel that of the Central Coast Regional Water           authorities. The exact pwcedures will be determined,
                          Quality Control Board arid EPA!s permitting                 wher possUe, upon owipletion of the necessary
                          process, rather than awaft the conVWftn ot We               MOAs,
                          State-EPA permit process.
                          Sanctuary regulations should be modified to exempt          NOAA disagrees. To ensure that a level of protection
                          discharges regulated by the NPIDES and to allow             is given to the resources of the Monterey Bay area,
                          discharges under the existing RWQCB standards.              consonant with the area's national significance,
                                                                                      NOAA intends to regulate all dischargers and deposi-
                                                                                      tors including those with NPIDES permits.
                          The FEIS should discuss how NOAA plans to view              NPIDES permit renewals will be treated as new
                          NPIDES permit renewals. Will now Permits be re-             permit applications.
                          quired, or will old permits be recerldied?



                                                                                                                                           21







                                                                                          Depositing and Discharging Activities

             Comment                                                      NOAA Response

             New wastewater discharges into Sanctuary receiving           NOAA intends to require at least secondary stan-
             waters with treatment levels less than secondary             dards, as appropriate, depending on the threat to
             treatment should be prohibited.                              Sanctuary resources and qualities.

             The regulation prohibiting depositing or discharging         Discharges that prove harmful and injurious to the
             of potentially harmful materials is sufficient to exclude    Sanctuary will be prohibited.
             the possibility of such pollution, and enforcement is
             unecessary.

             increased Costs of Improved Treatment                        Increased Costs of Improved Treatment

             Concern was expressed over the DEIS statement                NOAA intends to require at least secondarytreatment
             that secondary treatment is a minimum requirement,           standards, as necessary, depending on the threat to
             and that a higher level of treatment is preferred. It        Sanctuary resources and qualities. Dischargers will
             was suggested that this "preference* could later             be reviewed on the basis of providing protection to
             become the minimum level, and this would substan-            Sanctuary resources. By working within the existing
             tially impact the construction and operational costs of      process, increased operational and construction
             treatment facilities because they would not be               costs, as well as afternative disposal costs, will be
             required to upgrade from their current secondary             taken into account.
             treatment level. Specifically, NOAA should address:
             1) the unavoidable adverse impacts of increased
             energy and chemical use required for higher treat-
             ment levels; 2) potential results of dischargers forced
             to use land disposal schemes rather than ocean
             outfall schemes; 3) the possiblift of higher water
             and sewer bills resulting from improved treatment
             levels; and 4) the impacts of municipal dischargers
             and the limited number of alternatives available to
             such dischargers.

             The environment is equally affected by similar               NOAA's review and approval of discharge permits
             sewage discharges from various sources. Therefore,           will be based on the effect of the discharge on the
             regulations should be clarified concerning the poten-        Monterey Bay Marine Sanctuary, regardless of its
             tial for some cities to discharge into Monterey Bay          source.
             while others cannot-.

             Comments on the DEIS                                         Comments on the DEIS
             Discharge permits should be conditioned, and the             NOAA intends to certify and condition discharge
             FEIS should clearly state that the burden of proof will      permits based on information provided by the dis-
             be on the discharger to show that resources will not         charger. The burden of proof will be on the dis-
             be damaged before a permit or certification is given.        charger to prove that Sanctuary resources and
                                                                          qualities will not be injured by the discharge.

             A mechanism should be included in the management             The existing permit process provides numerous
             plan to channel public input into the permitting and         opportunities for public input.
             certification process.
             301 H waivers should be discussed in the FEIS and            301 H waivers permit discharge of primary treated
             prohibited within the Sanctuary.                             sewage effluent into receiving waters. This is
                                                                          inconsistent with NOAA's policy to require secondary



             22








                          Depositing and Discharging Activities

                          Comment                                                      NOAA Response

                                                                                       and Possibly tertiary treatment, as appropriate,
                                                                                       depending on environmental impacts.
                          information on point discharges from shore should be         This information has been added to the FEIS.
                          included in the FEIS to complement the information
                          in the DEIS on length-of-shore ouffall.
                          Fishing and Vessel Operation Discharges                      Fishing.and Vessel Operation Discharges
                          NOAA should clarify the types of discharges allowed          Discharges and deposits from fishing vessels may be
                          during routine fishing and vessel operations. Dis-           regulated except for specif ic discharges intended to
                          charge and depositing exemptions should be recon-            provide for normal fishing activities, such as coofing
                          sidered for fishing and vessel operations- because of        waters from boat engines, and fish wastes.
                          the harm caused by marine debris.
                          During routine fishing operations, raw sewage                Bilge pumping and raw sewage disposal are prohib-
                          disposal and oily bilge water is common, and such            ited in the Sanctuary.
                          discharges should be more stric1ly regulated.

                          Land-based Dischargers                                       Land-based Dischargers

                          It NOAA is concerned with Inland dischargers, such           Inland disch, wge information is provided in the FUS
                          dischargers should be listed and described in the            for dischargers in watersheds adjacerd to the Sanctu-
                          FEIS.                                                        ary.

                          NOAA has neither the staffing nor the experience to          NOAA intends to work with existing water quality
                          regulate land-based nonpoint dischargers. NOAA               control boards including those governing nonpoint
                          should use existing nonpoint source programs by              source pollution. Recent amendments to the Coastal
                          working with State and regional water quality control        Zone Management Act (CZMA) provide NOAA, EPA,
                          boards.                                                      and Coastal Zone Management programs an oppor-
                                                                                       tunity to control nonpoint source pollution.

                          Section 104 of the MPRSA has been interpreted to             Section 104 of the MPRSA concems ocean dredge
                          indicate that a point source dis;charpr with a perrnit       waste diisposA riot NPOES permitted point source
                          authorized under the provisions ol the Clean Water           po&AiDn. Ocean ftdge, 1 wle disposal is pmh*Med
                          Act is licensed to discharge certain pollutants into         in the Sanctuary, except at sxisfing desigrated sites
                          marine waters. If such pollutants nnA in damage to           SF-12 an, d @SF-14 -off Mass Landing, at existing
                          Sanctuary resources, the discharger would not be             ftquencies w)d PagnihAm Deposits of dredge
                          liable under Sctlon 104, 0 in full compliance with           waste at SF-1 2 and SF- 14 wiJil be reviewed and
                          applicable permit requirements.                              certified in accordance with ï¿½CFR 944.9.

                          The HIS should include information on nonpoint               This information is included in the FEIS.
                          source pollution. This information was not included in
                          the DEIS.

                          Water Quality Issues                                         Water Quality Issues
                          The proposed Sanctuary staff should include a water          NOAA agrees. A water quality specialW will be hired
                          quality specialist if Sanctuary water quality criteria       within one year after designation.
                          are to be altered from existing State requirements.



                                                                                                                                             23









                                                                                          Depositing and Discharging Activities

              Comment                                                     NOAA Response


              The Marine Sanctuary Administration and the                 The Sanctuary will work with the RWOCB within its
              RWQCB should prepare a timetable for preparing              existing timetable and with all other authorities to
              and implementing any new water quality criteria.            determine appropriate terms and conditions during
              Goals and objectives relating to water quality criteria     the certification process on each discharge. NOAA
              should be quantifiable and measurable to aid in             agrees that goals and objectives should be quantifi-
              enforcement.                                                able.

              NOAA has not discussed what, if any, evidence of            Evidence of water degradation is provided in the
              water quality degreclation is necessary in order for        FEIS. In addition, the loss of wetlands and shellfish
              additional conditions to be placed on existing permits.     closures due to degraded water quality require an
              NOAA should develop a list of criteria to be used to        extra level of protection that the Sanctuary can
              judge the adequacy of existing permit conditions.           provide upon designation.

              Air Quality Issues                                          Air Quality Issues

              The DEIS did not address air quality issues but             No oil and gas activities will be allowed within the
              should have. One of the greatest threats to the             Sanctuary boundary. NOAA will work with the
              Sanctuary is water- and air-bome pollution from oil         California Air Resources Board (CARB) and MMS to
              operations and other regional development.                  determine the level of impacts, if any, of OCS activi-
                                                                          ties and regional development on the resources and
                                                                          qualities of the Sanctuary area.


              Desalination Regulation                                     Desalination Regulation

              The DEIS does not adequately address desalination           NOAA has incorporated a discussion of desalination
              plant regulation.                                           activities into the FEIS. This section includes poten-
                                                                          tial impacts on the marine environment and environ-
                                                                          mental consequences of a desalination facility in the
                                                                          region.

              Desalination may become an important source of              NOAA agrees that desalination may become an
              fresh water for California. NOAA should analyze the         important freshwater source for California. Currently,
              impacts of proposed regulation on future desalination       the construction and operation of two desalination
              facilities discharging into Sanctuary receiving waters.     plants has been proposed for the Sanctuary area,
                                                                          one in Marin County and the other in Monterey
                                                                          County. Existing authorities set up standards, criteria
                                                                          and discharge requirements. NOAA will work with
                                                                          these authorities, within the existing regulatory
                                                                          process, to determine if the standards and criteria are
                                                                          sufficient to protect Sanctuary resources and quali-
                                                                          ties.

              Proposed desalination discharges should be exam-            While NOAA recognizes that desalination technolo-
              ined by the Sanctuary regulatory regime on an               gies have the potential to address recent water
              individual, as well as cumulative, basis.                   shortages in the Monterey Bay area, NOAA is
                                                                          concerned with the potential negative effects of these
                                                                          activities individually and cumulatively on the
                                                                          Monterey Bay ecosystem. NOAA has included
                                                                          desalination activities under the scope of Sanctuary
                                                                          regulatory authority. Proposed desalination activities


              24


Depositing and Discharging Activities

Comment

Seawater brube discharge created through a desalination process, as well as the installation, construction, and maintenance of the disposal lines, should be under the auspices of a local public agency and allowed in the Sanctuary.

Environmental Concerns

Desalination is an expensive and energy-intensive way of securing fresh water. In addition, the highly saline outflow from these plants is harmful to the marine environment.

Discharges from outside the Sanctuary should be prohibited, including sewage outfalls and contaminated waste because, in the future, affected waters may be used for domestic water supply, and such discharge is not currently allowed in other similarly situated areas.

NOAA Response

could be affected by the Sanctuary regulatory regime governing discharges, alteration of the seabed, and the taking of marine mamals and seabirds.

NOAA will be acting in an oversight capacity within the existing regulatory framework. NOAA intends, however, to work with desalination plant owners and operators as well as the relevant management authorities through the Sanctuary's proposed certification procedure provided in 15 CFR 944.10

Environmental Concerns

NOAA will review specific desalination proposals and analyze information from existing desalination plants in conjunction with relevant authorities including the California Coastal Commission, Monterey Regional Water Pollution Control Agency, Regional Water Quality Control Board, and coastal cities. This review will determine whether operation of desalination plants is consistent with the objectives for which the Sanctuary is being designated. NOAA's review will include, but will not be limited to: 1) pipeline construction on the seabed; 2) degradation of water quality from chemicals in the discharge water; and 3) the disposal of heated and concentrated brines and their potential impacts on the resources and qualities of the Sanctuary.

NOAA agrees that by allowing discharges from industrial and municipal sources into coastel waters, water contamination may occur. NOAA may require special terms and conditions including, but not limited to, improved affuent quality to ensure Sanctuary resources and qualities are protected.

25








              s@sui66@-'@4@ltetiktiortoti:or.ConttructI           n on the Seabed,
                                                                 0

              Comment                                                      NOAA Response

              Regulatory Authority                                         Regulatory Authority

              Proposed regulation 15 CFR 944.5 (a) (5) should be           NOAA's regulation of Prohibiting alteration of, or
              modified so as to not pre-empt the existing authority        construction on the seabed exempts specific activi-
              of CDF&G to allow seabed alteration if necessary for         ties, including certain maritime operations deter-
              the development of maritime operations.                      mined to be compatible with the purposes of the
                                                                           Sanctuary, from the scope of the regulation. In
                                                                           addition, existing activities that have a valid lease,
                                                                           permit, licence, approval, or other authorization
                                                                           issued by any Federal, State, or local authority prior
                                                                           to the designation of the Sanctuary will be reviewed
                                                                           by the Sanctuary in accordance with 15 CFR 944.9
                                                                           and allowed I consistent with the purposes of the
                                                                           Sanctuary.

                                                                           New a6tivities would be regqlated by the Sanctuary
                                                                           in accordance with IS CFR 944.10, which states that
                                                                           any person applying for a lease, permit, licence,
                                                                           approval or other authorization from any Federal,
                                                                           State, or local authority to conduct a prohibited
                                                                           activity in the Sanctuary must notify NOAA. NOAA
                                                                           then has the authority to review, certify, or deny the
                                                                           activity.

              Geophysical Surveys                                          Geophysical Surveys
              Geophysical survey activities should be prohibited or        NOAA encourages research within the Sanctuary. It
              strictly regulated due to the short- arid long-term          the research violates a Sanctuary regulation, (such as
              eff ects of deep seismic surveys on marine blota.            alteration of, or construction on the seabed) re-
                                                                           searchers are required to obtain a sanctuary re-
                                                                           search permit (15 CFR 944.8). NOAA will determine
                                                                           the environmental consequences of the proposed
                                                                           research, including short- and long-term effects on
                                                                           marine biota, and may deny the request d environ-
                                                                           mental consequences are determined to be too
                                                                           severe.

              Dredging                                                     Dredging
              Dredging is essential to maintaining viable working          Existing permitted dredging activities such as routine
              harbors. However, because of potential degradation           harbor maintenance and dredging of navigation
              to the environment, dredging should be prohibited            channels at current magnitudes and rates will be
              within the Sanctuary. NOAA should clearly state how          exempt from Sanctuary regulations.
              regulations will affect current dredging activities in the
              Sanctuary.
              NOAA regulations should be avoided due to the                NOAA has determined that the overall socioeco-
              additional cost to the local taxpayer.                       nomic impact of the Sanctuary will be positive due to
                                                                           the enhanced.re6wrCe protection regime for this
                                                                           valuable environment (See FEIS, Part IV Section IV).

              26








                          Afteration of, or Construction on the Seabed


                          Comment                                                       NOAA Response
                          Contrary to the DEIS, agencies regulating and                 MOAA recognizes the roJes ot the agencies presently
                          reviewing the dredging process have done a thor-              regulating and reviewing the dredging process.
                          ough job, and an additional step in the permit pro-           However, unlike NOAA, these agencies are not
                          cess would be unnecessary, cumbersome, and                    mandated to review activities from an ecosystem
                          expensive.                                                    perspective. The goal assigned the highest priority
                                                                                        for Sanctuary management is to protect the marine
                                                                                        environment, resources, and qualifies of the MBNMS.
                                                                                        NOAA will work with the current regulatory agem@es
                                                                                        to assure that mutual goals are satisfied. tn addition,
                                                                                        NOAA intends to wori( within the existing process to
                                                                                        reduce unnecessary stepsin the pem* process.
                          Sand and mud dredging is necessary to maintain                Existing routine harbor maintenance and dredging
                          operations at the PG&E plant.                                 activities at current magnitudes and rates will be
                                                                                        allowed to continue at the PG&E plant.

                          Ocean Dumping                                                 Ocean Dumping

                          Ocean dumping is a threat to the marine environment           No dumping of dredge material will be allowed within
                          and should be entirely prohibited within the Sanctu-          the Sanctuary except at current frequencies and
                          ary area.                                                     magndudes at exisl@ designated sites SF-12 and
                                                                                        SF-14. Existing dumping and disposal of dredge
                                                                                        maledal wVA be regulated by the Sanctuary in acoor-
                                                                                        dancewith 15 CFS 944.9.

                          NOAA should address the potential conflicts between           NOAA prefers Bou r4vy Alternative 2, Which does
                          Boundary Alternatives 4 and 5, and the current EPA            not overlap with any EPA study sites. However,
                          efforts to designate a permanent ocean disposal site          NOAA will continue to work with the EPA, the COE
                          off the coast of San Francisco.                               and the city of San Francisco and Oakland to ensure
                                                                                        that the determination of a final disposal site will not
                                                                                        threaten either the Monterey Bay National Marine
                                                                                        Sanctuary nor the Gulf of the Farallones National
                                                                                        Marine Sanctuary.

                          Any additional layers in the permit process would be          NOAA agrees, and iftends to work wthin ft existing
                          unnecessary, cumbersome, and expensive.                       process regarding disposal at exW&V Wm SF-1 2
                                                                                        Uld

                          The DEIS does not specdy whether Federaffy autho-             SF-1 2 and SF-1 4 will remain available for ocean
                          rized dredge material disposal sites SF-12 and SF-14          disposal at existing frequencies and magrAudes.
                          will remain available for future dredging projects that
                          would otherwise qualdy for State and Federal per-
                          MRS.

                          Sandmining                                                    Sandmining

                          Sandmining is detrimental to the environment,                 Sandmining below ft mean high tide line in the surf
                          especially drag line and hydraulic slurry sandmining,         zone is prohibited. Existing activities below the mean
                          and this type of extraction should be prohibited.             high tide line can continue until expiration of current
                          However, existing sandrniners should be                       permits. Sandmining in the surf zone using drag line
                          grandfathered to allow continued extraction activities        and slurry techniques alters the seabed and is
                          in the Sanctuary.                                             detrimental to nearshore habitats and biota in the

                                                                                                                                               27









                                                                              Alteration of, or Construction on the Seabed

             Comment                                                    NOAA     Response


             However, existing sandminers should be                     drag line and slurry techniques alters the seabed and
             grandfathered to allow continued extraction activities     is detrimental to nearshore habitats and biota in the
             in the Sanctuary.                                          MBNMS. It is also known to accelerate natural
                                                                        erosion of the adjacent dune system.

             Artificial Reefs                                           Artlflclal Reefs

             Artificial reefs should be allowed through a permitting    NOAA is riot aware of any existing artificial reefs in
             process devised by NOAA, not at the discretion of          the Sanctuary. The creation of new artificial reefs
             the Sanctuary Manager.                                     would involve alteration of the seabed, and permits
                                                                        required by existing authorities would be reviewed
                                                                        and either certified, modified, or denied by NOAA and
                                                                        the Sanctuary Manager in accordance with 15 CFR
                                                                        944.9. The Manager would provide recommenda-
                                                                        tions to NOAA for the appropriate level of regulation.










                          Issue 7: Kelp Harvesting and Aquaculture

                         Comment                                                      NOAA Response

                         Operation and ReguLation                                     Opwatim and Regulation

                         The regulatory regime for aquaculture and kelp               Kelp harvesting is not regulated by the Sanctuary.
                         harvesting activities within the Sanctuary remains           The CDF&G is responsible for managkVkelp ter-
                         unclear. Currently, aquaculture development is the           vesting and mariculture operations Only new
                         responsibility of the CDF&G, and because of this,            mariculture sites YAII be reWIMed by the Sanctuary in
                         mariculture operations requiring seabed afteraWns            accordaryce with IS CFR 944.10.
                         should be excluded from Sanctuary regulations, and
                         allowed to continue.

                         There are a number of aquaculture facilities operat-         Existing mariculture faciTties, at current levels of
                         ing within the Sanctuary, yet the DEIS gives little          operation, do riot appear to pose a threat to Sanctu-
                         consideration to their future operations. Why are            ary resources and qualities. However, if new sites
                         only aquaculture facilities existing at the time of          are proposed, or existing sites request a change in
                         designation excluded from prohibitions concerning            the level of operation, the Sanckiary needs to ensure
                         seabed alterations?                                          that the change vA not injure Sanctuary resources
                                                                                      iiind quanties.

                         Is kelp harvesting included in the discussions on            Kelp harvesting is included in -ft dscussion of
                         commercial fishing and mariculture operations?               fishing regulation, licences, and permits. No kelp
                                                                                      harvesting regulations are proposed with designation.

                         The ecological effects of mechanical kelp harvesting         NOAA has inckided a discussion of kelp harvesting in
                         techniques were riot explained in the DEIS. Re-              the FEIS. Consultation wth the CDF&G indicates
                         search should be conducted to examine the ecologi-           that little research has been conducted as to the
                         cal effects of kelp harvesting and the impacts of non-.      ecological effects of mechanical kelp harvesting
                         point pollution on kelp beds.                                techniques on kelp beds. Yearly harvests of peren-
                                                                                      nial giant kelp do riot deplete the resource and the
                                                                                      effects, if any, of nonpoint pollution remain unclear.
                                                                                      NOAA may consider focusing research efforts on the
                                                                                      study of kelp ecology and hapacts; on Is distribution
                                                                                      and aburdancein the Sanctuary.



















                                                                                                                                             29












                           4arbor Excluston

             Comment                                                    NOAA Response

             Issue Clarification                                        issue Clarification

             Harbor exclusion from Sanctuary boundaries is              The FEIS includes a specific section on harbors. As
             supported, but should be discussed more completely         stated in the DEIS, harbors are excluded from the
             in the FEIS.                                               Sanctuary boundaries and these areas are clarif ied in
                                                                        the FEIS. In the case of Moss Landing Harbor, the
                                                                        Sanctuary will have overlapping jurisdiction with the
                                                                        Moss Landing Harbor District in Elkhorn Slough, east
                                                                        of the Highway 1 bridge.

             Harbor Redefinition                                        Harbor Redefinition

             Exemptions exist for routine anchoring, fishing,           NOAA chose to exclude harbors from the Sanctuary
             navigation, and harbor maintenance. Why are                boundaries because of their special use require-
             harbors excluded and riot exempt?                          ments. By excluding harbors, as opposed to creating
                                                                        a long list of exemptions from regulations, NOAA
                                                                        intends to provide a simpler regulatory regime.

             One harbor in the study area has jurisdiction extend-      Routine harbor maintenance activities that are
             ing past the jetty system and encompassing the             outside of the harbor exclusion area as defined in the
             Federal navigation channel. The harbor exclusion           FEIS but within the Sanctuary are exempted from the
             area should be redefined to allow internal harbor          specific regulation impacting their use. For example,
             management and entrance responsibilities, including        dredging of navigation channels at existing rates and
             dredging.                                                  magnitudes, the placement of navigation aids, and
                                                                        construction of docks and piers are all allowed within
                                                                        the Sanctuary.


























             30










                          issue 9: Linkages With Elkhorn Slough

                          Comment                                                     NOAA Response

                          Sanctuary Linkage                                           Sanctuary Linkage

                          The Sanctuary should include all waters in the              NOAA agrees  is important to coordinate closely
                          Elkhorn Slough National Estuarine Research Re-              with the ESNERR to ensure the success of both
                          serve (ESNERR), and this relationship should be             programs. The Sanctuary includes all waters in the
                          formalized. It is important to create a link between        Slough up to the Reserve boundaries. NOAA agrees
                          the Monterey Bay Sanctuary and the Reserve, even            that links should be fostered since missions and
                          it this means exempting Moss Landing Harbor. A              goals are similar. The mission of the Sanctuary
                          MOA should be developed between NOAA and the                Program is to identify, designate and manage areas
                          Moss Landing Harbor District to assure the success          of the marine environment of special national signifi-
                          of the two program.                                         cance due to their conservation, recreational ecologi-
                                                                                      cal, historical, research, educational, or esthetic
                                                                                      qualities. The mission of the National Estuarine
                                                                                      Reserve Research System is to establish and
                                                                                      manage, through Federal-State cooperation, a
                                                                                      national system of estuarine research reserves
                                                                                      representative of the various regions and estuarine
                                                                                      types in the United States.

                                                                                      Regardless of their similarities, the two programs
                                                                                      must remain administratively separate because: 1)
                                                                                      the management of National Marine Sanctuaries are
                                                                                      under Federal jurisdiction and the NERR's system,
                                                                                      while dependent upon pre-existing State protection of
                                                                                      the specific sites, is a Federal/State partnership; 2)
                                                                                      funding is appropriated under two different Acts', and
                                                                                      3) ESNERR was designated under the Coastal Zone
                                                                                      Management Act whose regulations prohibit the
                                                                                      overlap of boundaries between Sanctuaries and
                                                                                      Reserves.

                                                                                      After consultation with the Moss Landing Harbor
                                                                                      District, NOAA has determined the Most appropriate
                                                                                      method of linking the two sited is to exclude Moss
                                                                                      Landing Harbor east of the Colregs line and west of
                                                                                      the Highway 1 bridge, and to include the waters of
                                                                                      Elkhorn Slough east of the Highway 1 bridge to the
                                                                                      boundary of the ESNERR with overlapping jurisdic-
                                                                                      tion over the Moss LandJng Harbor Distict.
                          The management plans and objectives of the Sanctu-          NOAA agrees that there should be Coordination
                          ary and the Elkhorn Slough Reserve should, be               between Elkhorn Slough and the Sanctuary. NOAA
                          coordinated.                                                supports the exchange of information, research,
                                                                                      education, and staff expertise between the two
                                                                                      programs. Meeting the objectives of both Program
                                                                                      as well as implementing the management plans can
                                                                                      be coordinated through the Sanctuary Advisory
                                                                                      committee, and the ESNERR Advisory Committee,
                                                                                      and NOAA encourages Sanctuary and Reserve staff
                                                                                      to actively participate in this Process.

                                                                                                                                             31
 









               Issue .10: Nearshore: DeVelopment

               Comment                                                      NOAA Response

               Protection of Coastal Lands from Development                 Protection of Coastal Lands from Development

               There is a need for landward protection and controls         NOAA agrees that protection and management of the
               on nearshore development. Adequate protection of             land portion of the coastal zone is necessary for
               the ocean environment must include management of             adequate protection of the ocean environment.
               the adjacent coastal and upland zones. NOAA                  NOAA will coordinate with existing coastal zone
               should extend its jurisdiction to include beaches,           management authorities such as the California
               dunes, uplands, and wetiand habitats adjacent to the         Coastal Commission and the State Lands Commis-
               proposed Sanctuary.                                          sion regarding potential land and waterbased threats
                                                                            and impacts to the Sanctuary under the M PRSA.
                                                                            The physical boundaries of a National Marine Sanc-
                                                                            tuary encompasses marine waters up to the mean
                                                                            high tide line. However, NOAA intends to protect the
                                                                            Sanctuary from coastal development via its extra
                                                                            territorial discharge regulation to ensure that coastal
                                                                            and Sanctuary resources are protected.

               The impacts of increasing local transportation traffic       NOAA has included a discussion of urban and
               adjacent to the Sanctuary should be addressed in the         associated developmental impacts in the FEIS.
               FEIS.

               No excavation, drilling, pile driving, trenching, or soil    The EPA has programs dealing with hazardous
               aeration should be allowed on lands suspected to             material disposal and recovery. NOAA will work with
               contain hazardous chemicals, as such activities              Federal, State, and local authorities and landowners
               might result in point or nonpoint source discharges to       regarding appropriate measures for addressing
               the Sanctuary.                                               hazardous chemical sites that may affect Sanctuary
                                                                            resources.


               Seawall Impacts                                              Seawall impacts
               NOAA,should prohibit the construction of seawalls            Activities that require drilling through, dredging, or
               after Sanctuary designation. It is well-documented           otherwise altering the seabed of the Sanctuary, or
               that seawalls change wave refraction patterns, often         constructing, placing, or abandoning any structure or,
               increasing erosion on adjacent sites, and property           material on the seabed of the Sanctuary are prohib-
               owners should riot be allowed to build these StruC-          Red. This includes seawalls.
               tures.

               Beach Nourishment                                            Beach Nourishment
               Are there any limits on the amount of sit in the sand        NOAA does not regulate beach nourishment pro-
               used for beach nourishment? Even though the sand             grams. However, NOAA is concerned with the
               may be placed above the high tide mark, erosion              movement of materials into the Sanctuary, including
               may move sift into the Bay.                                  particle size and composition of sand. NOAA will
                                                                            work with the appropriate authorities to determine the
                                                                            impacts of beach nourishment Programs and whether
                                                                            these activities are consistent with the goals of the
                                                                            Sanctuary.





               32









                           ISSILIO.111.: Historic.-Res'ource Protection

                          Comment                                                      NOAA Response

                          Resource Preservation                                        Resource Preservation

                          Protection of historic and cultural resources within the     NOAA agrees that it is necessary to protect and
                          Sanctuary is a significant concern. NOAA should              manage historic and cultural resources within the
                          prohibit moving, injuring, or possessing historic            Sanctuary boundries. NOAA has proposed a prahb-
                          resources within the Sanctuary.                              lion on moving, posessing, or injuring, or attempting
                                                                                       to move, possess, or injure these resources.

                          Shipwrecks                                                   Shipwrecks
                          Sanctuary regulations should riot apply to activities        The Abandoned Shipwreck Act of 1987 gives states
                          permitted by the State within state waters under ft,         the Ills Io abandoned shipwrecks in State waters.
                          ,Shipwreck and Historic Maritime Resources Pro-              Under the MPRSA, the Sanctuaries and Reserves
                          gram.                                                        Division has managerial responsibiftes for aban-
                                                                                       doned shipwrecks within National Marine Sanctuar-
                                                                                       ies, including those located in State waters, for the
                                                                                       purpose of protecting their resources and qualities.
                                                                                       NOAA will coordinate with State agerries to ensure
                                                                                       that historic and cultural resources, as well as riving
                                                                                       marine resources, within the Sanctuary are protected.
































                                                                                                                                              33










                Issue 12: Taking of Marine Mammals and Seablrds

              Comment                                                      NOAA Response

              Prohibition of Take                                          Prohibition of Take

              The prohibition on the taking of marine mammals and          While marine mammals and seabirds are protected
              seabirds within the Sanctuary is redundant to the            under these Acts, NOAA believes that the higher
              Endangered Species Act (ESA), the Marine Mammal              penalties afforded u rider the M P RSA wi 11 provide a
              Protection Act (MMPA), and the Migratory Bird                stronger deterrent.
              Treaty Act (MBTA).
                                                                           These Acts set maximum financial penalties ranging
                                                                           between $2,000 and $25,000 per violation. The
                                                                           MPRSA (under ï¿½307) allows NOAA to assess civil
                                                                           penalties as high as $50,000 for each violation. The
                                                                           money collected is directed back into the Sanctuary
                                                                           Program. By directing the civil penalties into the
                                                                           Sanctuary Program, a more directed effort can be
                                                                           implemented to protect these valuable natural
                                                                           resources.



              Incidental Take                                              Incidental Take

              Data has been presented for California State waters          The incidental taking of marine mammals and
              showing that over 6,500 California sea lions, harbor         seabirds will be prohibited except in accordance with,
              seals, sea otters, and harbor porpoises were killed in       and permitted by, regulations promulgated under the
              gill and trammel nets between 1986 and 1987, in              MMPA and the ESA. Exemptions under the MMPA
              addition to thousands of seabirds. Additional                include a limited five-year incidental take of marine
              regulations and protective measures are needed for           mammals, which will be in effect until 1993. The
              these species.                                               ESA also has an incidental take exemption, ï¿½1539
                                                                           (2) 8 (Q. NOAA will adopt the existing regulations
                                                                           including their exemptions in tiie Sanctuary regula-
                                                                           tory regime and will work with the relevant manage-
                                                                           ment authorities to determine whether these exerrip-
                                                                           tions are adequate to protect the resources and
                                                                           qualities of the Sanctuary. In addition, numerous
                                                                           State laws have recently been enacted to provide
                                                                           further ;xotection specific to seabirds and marine
                                                                           mammals (see comment and response below).

                                                                           The Sanctuary intends to work with and enforce
                                                                           existing regulations rather than preempt existing
                                                                           regulations that protect natural resources. In some
                                                                           cases, NOAA is creating and implementing stronger
                                                                           regulations in order to protect the natural environ-
                                                                           ment (ie. personal water craft regulations). A figure
                                                                           illustrating the geographic extent and existing state
                                                                           regulations has been added to the FEIS, as has a






              34








                        Taking of Marine Mammals and Seabirds


                        Comment                                                    NOAA Response
                                                                                   disMssion of the impacts of each regulation.

                        Current Legislation                                        Current Legislation

                        Three pieces of legislation are being proposed or          NOAA will track these liegiisWive issues and provide
                        amended that have the potential to impact marine           recomn*ndations to increase protection of Sanctuary
                        mammals and birds within the Sanctuary:                    resources. NOAA intends. to follow these issues and
                        1) California's proposed SB 2563 would prohibit the        legislation, and when appropriate, modify policies to
                        use of gill or trammel nets within 30 fathoms or less      protect Sanctuary resources.
                        throughout the present sea otter range; 2) the
                        reauthorization of the Marine Resources Protection
                        Act (MRPA) that restricts gillnet fishing within three
                        miles of the California Coast, and prohibits gill netting
                        of rock fish and incidental take of marine mammals in
                        central Caldomia; and 3) the amendments of the
                        MMPA (1993) that may allow a continued number of
                        incidental takes in California waters.


                        Coordination with U.S. Fish and Willdlife Service          Coordination with U.S. Fish and Wildlife Service

                        The US F&WS is responsible for Southern sea otter          NOAA will consult the USF&WS on Southern sea
                        management, and should be involved in making               otter management and other issues affecting both
                        decisions which could eff ect this species.                agencies.

                        Coordination with Environmental Groups                     Coordbudim wft Environmefflal Groups

                        The DEIS ignores the fact that fishing and environ-        NOAA agrees, and rempizes the tact that signifi-
                        mental organizations have successfully coordinated         cant progress has been made between, emkomnen-
                        with fisheries management agencies to limit or             tal groups and fishery management agencies regard-
                        eliminate harmful fishing methods in areas utilized by     ing the protection of the marine environment. NOAA
                        seabirds and mammals.                                      intends to assist where possible to enhance positive
                                                                                   relationships.























                                                                                                                                       35












                Comment                                                        NOAA Response

                Regulation and Prohibition                                     Regulation and Prohibition

                Fishing should riot be prohibited within the Sanctuary         Fishing will not be regulated in the Sanctuary, but it
                area. Instead, fisheries resource regulation should            has been placed within the scope of regulations.
                remain under the jurisdiction of the State of Califor-         Fisheries management will remain under the existing
                nia, the National Marine Fisheries Service, (NMFS)             jurisdiction of the State of Callfomia, NMFS and
                and the Pacific Fisheries Management Council                   PFMC. However, four proposed Sanctuary regula-
                (PFMC). This should be clarified in the FEIS.                  tions could potentially indirectly affect fishing activi-
                                                                               ties. Therefore, to be consistent with the intent to not
                                                                               regulate normal fishing activities upon designation,
                                                                               each regulation of concern specifically exempts
                                                                               normal fishing activities from the scope of these
                                                                               regulations to the extent consistent with existing
                                                                               State and Federal regulations. The four Sanctuary
                                                                               regulations that will affect fishing in Monterey Bay
                                                                               are: l)-Depositing and Discharging Activities; 2)
                                                                               Alteration of, or Constructioh on the Seabed ; 3)
                                                                               Historic Resource Protection; and 4) Taking of
                                                                               Marine Mammals and Seabirds (See NOAA's Sanc-
                                                                               tuary managernent response.)

                Certain fish species in Monterey Bay should be                 NOAA agrees that certain fish species in Monterey
                regulated due to continuing declines.                          Bay may eventually need to be regulated. Fishing is
                                                                               included within the scope of regulations and, in the
                                                                               future, the Sanctuary will work with the fishermen and
                                                                               local management agencies as well as CDF&G, the
                                                                               PFMC, and the NMFS to determine whether any
                                                                               additional management measures that may be
                                                                               necessary to protect the resources and qualities of
                                                                               the Monterey Bay area. The PFMC would have the
                                                                               first opportunity to promulgate regulations affecting
                                                                               fishing activities.
                Gill Not, Trammel Not, and Other Fishing Whods                 Gill Not, Trammel Not, and Other Fishing Methods
                Gill net fishing and the number of non-targeted                The gill net fishery has been regulated since 1984 by
                species that perish in the gill net industry are a             the State and Federal govemments because of the
                concern. Gillnets and trarnmel nets should be                  mortality of marine mammals and birds. Currently,
                prohibited throughout the Sanctuary. Bottom dredge,            gill netting is row restricted to waters deeper than 20
                trawl, and drag-net fishing methods should also be             fathorns. in 1989, the halibut gill net f ishing was
                prohibited because of the damage to benthic natural            closed inside 40 fathoms. Future regulations on this
                resources.                                                     fishery are pending which would prevent gill net
                                                                               fishing from occurring within 30 fathoms. This would
                                                                               effectively move the current gill net inshore fishery
                                                                               beyond the zone of distribution of shore birds and
                                                                               coastal mammals.
                                                                               The trawl fishery has also been extensively regulated
                                                                               and no trawlers are currently allowed within three
                                                                               miles of the coast. Unfortunately, there is almost no

                36









                           Fishing Activities
  AD                       Comment                                                      NOAA Response

                                                                                        data regarding the effects of roller trawling on benthic
                                                                                        organisms and habitats. NOAA may consider
                                                                                        studying the effects of bottom trawling to determine if
                                                                                        there are negative impacts on benthic organisms and
                                                                                        the surrounding environment.

                           Shark Fishing                                                Shark Fishing
                           Commercial shark fishing should be strongly limited          NOAA will work with fishermen and local manage-
                           until enough research has been done to establish             ment agencies as well as the CDF&G, NMFS, and
                           sustainable yields for specific species. Direct quotas       the PFMC to determine if additional management
                           should be established for shark species within the           measures are necessary to protect shark species.
                           Sanctuary.                                                   NMFS wrote and released a draft shark fishery
                                                                                        management plan for public comment this year for
                                                                                        the East Coast and Gulf of Mexico. If a shark
                                                                                        management plan is developed for West Coast
                                                                                        species, the Sanctuary Manager and NOAA will be
                                                                                        involved in the formatiulation and evaluation, and will                                                                                        provide recommended courses of action, NOAA may
                                                                                        consider focusing research funds on the study of
                                                                                        shark ecology for those species that exist within the
                                                                                        Sanctuary.
                           The practice of cutting off shark fins (finning) and         All fishing activities in Federal waters are under the,
                           discarding the carcasses should be banned within             control of the PFMC. Fishermen in State waters are
                           the Sanctuary. Recreational sport fishing for sharks         managed by the CF&G. NOAA will work with these
                           should be severely limited, and selling shark catch          agencies to determine if any shark plans or regula-
                           should be prohibited.                                        tions are necessary to protect these species from this
                                                                                        activity.
                           Comments on the DEIS and FEIS                                Comments on the DEIS and FEIS
                           The DEIS did not demonstrate fishing                    NOAA agrees that there is little evidence that current
                           regulations in the Sanctuary were necessary to               fisheries management initiatives are ineffective.
                           protect fish populations.                                    Hence, NOAA is not proposing to regulate fishing
                                                                                        activities at this time. However, NOAA is including
                                                                                        fishing in go scope of regulation so that if data does
                                                                                        become available, NOAA  can provide the PFMC with
                                                                                        appropriate recommendations for PFMC action, or
                                                                                        take appropriate direct action.
                           What structures or materials on the seabed in                Constructing, placing, or abandoning any structure or
                           connection wilth fishing will be allowed?                    material on the seabed of the Sanctuary will be
                                                                                        prohibited, except when resulting from normal routine
                                                                                        fishing operations such as use of train and bottom
                                                                                        trawls.









                                                                                                                                               37
 






              TISSUG 14'. -Motorized' Aircraft..
              Comment                                                    NOAA Response

              Prohibition of Overflights                                 Prohibition of Overflights

              Motorized aircraft should be prohibited from flying        Flying Motorized aircraft within three nautical miles of
              over the Sanctuary.                                        mean high water within the Sanctuary and at less
                                                                         than 1,000 feet above the Sanctuary will be prohib-
                                                                         ited within four zones in the Sanctuary. Generally,
                                                                         these zones are from Pt. Santa Cruz north, Carmel
                                                                         Bay south (overlapping the California Sea Otter
                                                                         Game Refuge), and around Moss Landing and
                                                                         Elkhorn Slough (see FEIS for specft area zones).

              Regulation of Overflights                                  Regulation of Overflights

              Federal Aviation Regulations (FARs) already ad-            NOAA recognizes that overflights are regulated
              equately protect Sanctuary resources from aircraft         under the FARs. However, the penalties afforded
              impacts, Making additional regulations unnecessary.        under the MPRSA will provide an additional deterrent
              New regulations may hinder cooperative emergency           to the violation of existing regulations and will add a
              response plans, routine helicopter operations, and         level of protection to sensitive Sanctuary resources
              rescue attempts.                                           and qualities. The MPRSA, under ï¿½307, allows
                                                                         NOAA to assess civil penalties of no more than
                                                                         $50,000 for each violation. This regulation would not
                                                                         apply to overflights such as helicopter overflights and
                                                                         emergency responses below 1,000 feet, if necessary
                                                                         to: 1) respond to an emergency threatening, life,
                                                                         property or the environment; or 2) law enforcement
                                                                         arid national defense activities. All other other
                                                                         overflights are prohibited within these zones.

              Regulations should be moddied to permit the                CDF&G overflights for enforcement purposes are
              CDF&G's Wildlife Protection Program to conduct low-        exempt from the Sanctuary regulations according to
              level reconnaissance flights over the Sanctuary for        15 CFFt 944.5 (a). CDF&G overflights for research
              the purpose of law enforcement and fish and marine         purposes will require a Sanctuary permit in accor-
              mammal surveys. Prior consuftation with Sanctuary          dance with 15 CFR 944-8.
              staff should not be required. Any restrictions to this
              modification should be established through an MOA
              between the DF&G and the Sanctuary.


              Seaplanes/Airport Approaches                               Seaplanes/Airport Approaches
              Provisions should be developed governing the               NOAA agrees. The zoned approach to the overflight
              takeoff and landing activities of seaplanes within the     regulations will facilitate seaplane and airport land-
              Sanctuary and for designated airport approaches.           ings and takeoffs.







              38





Issue 15: Personal Water Craft
                          
                         

                          Comment                                                        NOAA Response

                          Prohibition and Regulation                                     Prohibition and Regulatlon
                          The danger water craft can pose to marine mammals              NOAA agrees. Regulations have been revised to
                          and divers, and the noise and exhaust problem                  restrict personal water craft throughout the Sanctuary
                          which may pose a threat to kelp beds and other                 (15 CFR 944.5 (8)), but to allow personal water craft
                          biological resources in the Monterey Bay area,                 to operate in specific zones. Generally, these areas
                          necessitate a prohibition or regulation of personal            are located off the harbors of Santa Cruz, Moss
                          water craft. In addition, personal water craft should          Landing, and Monterey and and their selection was
                          be prohibited in areas of biological significance,"          based on a number of criteria. Each was chosen to:
                          including those with high human-use levels such as             1) minimize conflict with other recreational users; 2)
                          beaches; diving, swimming, and surfing areas; state            avoidance of kelp beds and sea otter populations;
                          parks; and preserves and reserves. Beside the                  arid 3) accessibility to launch areas and traditionally
                          potential danger to recreationists, personal water             used regions.
                          crafts disrupt low-intensity area uses.

                          Definition of Personal Water Craft                             Definition of Personal Water Craft

                          A more precise def inition of personal watercraft is           NOAA has defined personal watercraft as any
                          needed.                                                        motorized vessel less than fifteen feet in length as
                                                                                         manufactured, capable of exceeding a speed of
                                                                                         fifteen knots per hour, and having 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 bikes, surf jets, miniature
                                                                                         speed boats, air boats, and hovercraft. Other
                                                                                         vessels would not be affected by this regulation.

                          Policy Timetable                                               Policy Timetable

                          NOAA should have a timetable outlining when the                Regulations will go into effect approximately 30 days
                          thrill craft policy will be evaluated and implemented.          following completion of Congressional and Guberna-
                                                                                         tonal review and approval. NOAA will publish a public
                                                                                         notice in the Federal register stating the effective
                                                                                         date of the regulations.

                          Emergency Response Exceptions                                  Emergency Response Exceptlions
                          Exceptions to the personal water craft policy should           The prohibitions listed in the regulations at 15 CFR
                          be made when the USCG response groups or                       944.5 (a) (2)-(8) do not apply to any activity neces-
                          individuals need to use fast small boast during                sary to respond to an emergency threatening life,
                          emergencies.                                                   property, or the environment.
                          State Consulation                                              State Consultation
                          The DEIS gives no role to the California Department            The FEIS has been revised to include references to
                          of Boating and Waterways (CDBW), one of the most                the COBW. NOAA will continue to develop a close
                          effective boating agencies in the nation. Consultation          working relationship with all State agencies including
                          with this department is encouraged.                            the CDBW.


                                                                                                                                                    39










               Issue IS: Sanctuary Management.

               Comment                                                        NOAA Response

               Preferred Management Plan                                      Preferred Management Plan

               NOAA should choose management plan 2 which                     NOAA's preferred management plan is a variation of
               proposes that full-time staffing be implemented                aftemative 2. This plan would establish the Sanctuary
               immediately after designation. The Sanctuary is                headquarters soon after designation and immediately
               significantly important, and the commitment of a full-         provide full-time staffing of approximately five person-
               time and immediate staff is necessary to initiate              nel to ensure that the Sanctuary program is imple-
               Sanctuary programs.                                            mented quickly and efficiently. Aftemative 2 will build
                                                                              upon public support from the designation process
                                                                              and will increase opportunities for interpretation and
                                                                              research programs soon after designation. Addi-
                                                                              tional staff and satellite facilities will be phased in
                                                                              after designation

               NOAA sho   uld choose management plan 1, which                 NOAA supports immediate Sanctuary staffing. The
               includes the gradual hiring of Sanctuary. staff based          cumulative eff ects of increased tourism, business,
               on financial concerns. Because no issues were                  commercial, and industrial uses of the area are
               identified in the DEIS that would require immediate            intensifying. The Bay area currently receives munici-
               action, full staff ing in the initial designation process is   pal and industrial point source pollution as well as
               unnecessary.                                                   nonpoint pollution from pesticides and agricultural
                                                                              runoff. The Sanctuary program could play an impor-
                                                                              tant role in coordinating and implementing additional
                                                                              regulations designed to protect the area's natural
                                                                              resources. A full staff is required to provide the
                                                                              Sanctuary infrastructure necessary to address these
                                                                              and other issues.

               Sanctuary headquarters shoud be lowed in Santa                 Areas being considered for the Sanctuary headquar-
               Cruz.                                                          ters include the cities of Monterey, Moss Landing,
                                                                              and Santa Cruz. On an interim basis, it has been
                                                                              proposed that the Sanctuary share existing NOAA
                                                                              facilities in Monterey. NOAA proposes to eventually
                                                                              establish a permanent headquarters facility in one of
                                                                              three cities with satellite offices around the Bay.

               Financial Considerations                                       Financial Considerations
               On-site staff should play a key role in identifying arid       The MPRSA allows NOAA to develop cooperative
               procuring funds due to the modest Sanctuary budget.            agreements with non-profit organizations to seek
                                                                              donations and promote educational and scientific
                                                                              activities. The on-sde staff will play a vital role in
                                                                              identifying an pursuing these relationships. Through-
                                                                              out the entire designation period, numerous individu-
                                                                              als, agencies and organizations have provided
                                                                              guidance, data, and-support.






               40









                         Sanctuary Management

                         Comment                                                     NOAA Response
                                                                                     SRDs FY 92 budget has been increased from
                         The program budget arid the Managers salary level           between $4.746 and $5.5 million. Some of these
                         should be increased.                                        increased resources will be directed to the MBNMS.
                                                                                     The Sanctuary manager position has been upgraded
                                                                                     from a GS-12 to a GS-13 to reflect the complex
                                                                                     responsibilities of tje MBNMS.

                         Regulation and Management                                   Regulation and Management

                         The Sanctuary Manager should have limited discre-           The manager will have limited discretion on regulated
                         tion over regulated activities, and key issues should       activities based on the MPRSA and the Sanctuary
                         be dealt with in the management plan.                       regulations. The Sanctuary Manager reports directly
                                                                                     to the Sanctuaries and Reserve Division (SRD).  In
                                                                                     this capacity, the Manager represents NOAA and is 
                                                                                     the primary spokesperson for the MBNMS. The
                                                                                     management plan proposes actions tailored to
                                                                                     specific issues affecting the Sanctuary, and will be
                                                                                     revised to target specific issues based on the first
                                                                                     three years of operation.

                         The management plan should focus on regulatory              Although a detailed enforcement plan has not been
                         enforcement. There are no established provisions,           developed, NOAA at present, envisions a State/
                         and there is uncertainty as to how regulations will be      Federal cooperative enforcement system involving
                         enforced once the management plan is implemented.           the State of California, the USCG the USF&WS, the                                                                                    
														NMFS, and the EPA.  Since the proposed Sanctuary
                                                                                     would include both State and Federal waters, close
                                                                                     coordination between State and Federal authorities
                                                                                     would be requored.


                         NOAA should work closely with existing marine               NOAA agrees. Implementation of the management
                         research and education facilities to enhance resource       plan win require cooperation and coordination among
                         protection, research, education, and enforcement            many Federal, State and local government agencies
                         programs.                                                   as well as private organizations and individuals.
                                                                                     Information exchange, sharing facilities and staff, and 
                                                                                     the coordination of policies and procedures for 
                                                                                     resource protection will be features of all programs, 
                                                                                     including research, educationa and enforcement.

                         To fill information needs, management operations            NOAA develops a general budget, setting out expen-
                         should not receive a disproportionate share of the          ditures for program development, operating oosts,
                         Sanctuary budget related to research and education.         and staffing including enforcement, management,
                                                                                     research and education. Funding priorities will be
                                                                                     reviewed and adjusted annually to reflect evolving
                                                                                     conditions in the proposed MBNMS, other sanctuar-
                                                                                     ies, and National Marine Sanctuary Program
                                                                                     priorities and requirements.






                                                                                                                                             41
 







                                                                                                         Sanctuary Management
               Comment                                                     NOAA Response


               The FEIS should clearly state that the CDF&G will          The management plan states that the CDF&G is
               retain its authority to manage and regulate all uses       responsible for managing living resources throughout
               of living marine resources within the Sanctuary. This      California State waters. CDF&G is also deputized to
               authority should be independent of NOAA and the            enforce specific Federal laws such as the ESA,
               Sanctuary Manager.                                         MMPA, and Magnuson Fisheries Conservation and
                                                                          Management Act (MFCMA). Authority to enforce
                                                                          site-specific Sanctuary regulations will be delegated
                                                                          from SRD Headquarters. Designation of the Sanctu-
                                                                          ary will riot eliminate any of CDF&G's existing author-
                                                                          ity. Instead, the management plan envisions shared
                                                                          management responsibilities between NOAA,
                                                                          CDF&G, and other State and Federal agencies as
                                                                          appropriate regarding resources and uses of the
                                                                          Sanctuary area.

               The FEIS should include the roles of NOAA, the             The DEIS/management plan has been revised to
               State of California, and the USCG following Sanctu-        clearly state the post-desig nation roles of NOAA, the
               ary designation.                                           State of California, Coast Guard, NMFS and other
                                                                          Federal and State agencies.


               Sanctuary Advisory Committee: Participation                Sanctuary Advisory Committee: Participation
               Numerous organizations and individuals, representing       NOAA supports the creation of a Sanctuary Advisory
               a wide range of interests (ie. teachers, biologists,       Committee. NOAA appreciates the interest and
               environmentalists, industry representatives, natural       willingness of numerous organizations and agencies
               resource managers, divers, commercial and sport            that have expressed an interest in participating in the
               fishermen, and surfriders) requested direct involve-       Committee. One of the Manager's first priorities will
               ment with the Sanctuary Advisory Committee (SAC).          be to create the Sanctuary Advisory Comrnittee
               All coastal cities within the sanctuary should be          according to the process and guidelines of the
               invited to participate in the advisory committee, and      Federal Advisory Committee Act (FACA). See
               the Sanctuary Manager should act as liaison between        Appendix A lof FEIS, Volume I. It is NOARS goal
               the cities arid the committee. The SAC should be set       have wide representation on the SAC, and the
               up like the Monterey Bay Sanctuary Steering Commit-        Manager will consider the comments of all interested
               tee, which consists of a broad range of community          parties. NOAA will draft a charter, make membership
               leaders working with NOAA to develop Sanctuary             recommendations to the Secretary of C;ommerce, and
               regulations. Local, State, and Federal officials should    coordinate with the General Services Administration's
               sit on the SAC in an ex-officid capacity arid inform       review of the committee formation and accomplish-
               their constituents of Sanctuary developments.              ments.
               SAC: Composition, Organization, and       . Function       SAC: Composition, Organization, and Function
               The SAC should be str" advisory in nature, with
               NOAA retaining full control of Sanctuary administration    The SAC will function strictly in an advisory capacity,
               and management. it should have voting members with         with NOAA retaining full control of Sanctuary man-
               a set term of office. The DEIS is unclear about the        agement. Once the Sanctuary Manager is selected,
               structure, composition. and function of the SAC.           terms of office, committee composition, and function
               NOAA should formalize the composition and function;        will be defined In accordance with FACA (see FEIS
               define SAC powers, authorities. and duties; and            appendix A).



               42


Issue 17: Military Activities

Comment

Oil and Gas Activities

NOAA should clarify the relationship between department of Defense (DOD) national defense exemptions of prohibited activities and oil and gas activities.

Any national defense exemption should be tied to a presidential declaration of emergency and a presidential finding that CCS leasing and development within Sanctuary boundaries is necessary to meet emergency needs. This determination should be made by Congress, and not by a presidential finding alone.

Military Training Exercises

Sanctuary regulations should be designed to minimize negative impacts on operational missions.

NOAA's regulations regarding defense activities as stated on pg.302 of the DEIS state that, "Activities that are not necessary for national defense..such as training exercises and routine vessel operations, are subject to all prohibitions contained in the Sanctuary regulations." This implies that training exercises are unnecessary to ensure unit readiness and should not be included in the FEIS. The statement may be interpreted to mean that boat landings and low-level aircraft operation, which are part of training exercises, would not be prohibited.

NOAA Response

Oil and Gas Activities

The MMS in the Department of the Interior (DOI) is responsible for hydrocarbon development lease sales in Federal waters, not the DOD. MMS is not exempt from prohibited activities, including oil and gas development in the Monterey Bay National Marine Sanctuary.

If an activity is necessary for national defense or law enforcement, the the head of the agency taking theaction shall notify the Secretary of Commerce in sufficient time to permit consultation without jeopardizing national defense. If the Secretary of Commerce and the head of the agency taking the action cannot come to an agreement on the proposed action, then the President may intervene and make the final decision. The exemptions provided to DOD for defense or law enforcement activities in the FEIS do not apply to the exploration or development of oil, gas or minerals as authorized by MMS in the Sanctuary.

Military Training Exercises

NOAA agrees. The regulations have been revised to minimize Sanctuary impacts to DOD operational missions.

The regulations have been revised to clarify Sanctuary impact on all military activities. Sanctuary prohibitions do not apply to DOD activities, however, NOAA is requiring that DOD and the Sanctuary consult to ensure that all activities carried out by DOD minimize Sanctuary impact on resources and qualities. Futhermore, DOD is liable/responsible for taking appropriate actions to respond and mitigate the harm and, if possible, restore or replace the Sanctuary resource or quality. Thus boat landings and low-level aircraft operations could occur after DOD and NOAA have consulted and agreed on how such activities could take place to minimize impacts on Sanctuary resources and qualities.

43










                                   Table 2. Abbreviations


         Abbreviation                    Meaning

         AMBAG                           Association of Monterey Bay Area Governments
         ARB                             Air Resources Board
         ASBS                            Areas of Special Biological Significance
         CARB                            California Air Resources Board
         CCC                             California Coastal Commission
         CDBW                            California Department of Boating and Waterways
         CDF&G                           California Department of Fish and Game
         CEQA                            California Environmental Quality Act
         COE                             Corps of Engineers
         CWA                             Clean Water Act
         CZMA                            Coastal Zone Management Act
         DEIS/MP                         Draft Environmental Impact State rnent/Management plan
         DOD                             Department of Defense
         DOI                             Department of the Interior
         EIR                             Environmental Impact Review
         EPA                             Environmental Protection Agency
         ESA                             Endangered Species Act
         ESNEER                          Elkhorn Slough National Estuarine Research Reserve
         FARS                            Federal Aviation Regulations
         FEIS/MP                         Final Environmental Impact Statement/Management Plan
         MFCMA                           Magnuson Fisheries Conservation and Management Act
         MBTA                            Migratory Bird Treaty Act
         MMS                             Mir*rals Management Service
         MMPA                            Marine Mammal Protection Act
         IM0                             international Maritime organization
         MOA                             Memorandum of Agreement
         MP                              Management Plan
         MPRSA                           Marine Protection, Research, and Sanctuaries Act






         44


Table 2. Index of Abbreviations

Abbreviation			Meaning

MRPA					Marine Resources Protection Act
NEPA					National Environmental Policy Act
NMFS					National Marine Fisheries Service
NOAA					National Oecanic and Atmospheric Administration
NPDES					National Pollutant Discharge Elimination System
OCS					Outer Continental Shelf
OPA					Oil Pollution Act
PFMC					Pacific Fisheries Management Council
PG&E					Pacific Gas and Electric
RWQCB					Regional Water Quality Control Board
SAC					Sanctuary Advisory Committee
SEL					Site Evaluation List
SLC					State Lands Commission
SRD					Sanctuaries and Reserve Division
USCG					United States Coast Guard
USF&WS				United States Fish and Wildlife Service
WDR					Wastewater Discharge Requirement



45

Table 3. Petitions

Subject:

Supports Boundary Alternative 5, and the protection of Sanctuary resources from potential
oil spills and other harmful human activities.  Support management plan 2.

From:  Valerie B. King

Signatures: 23

Subject:  Supports Boundary Alternative 5.  Seeks to prohibit oil drilling with the Sanctuary.

From:  Live Oak High School geology class, period 6

Signatures:  19

Subject:  Supports Boundary Alternative 5.  Seeks to prohibit oil, gas, and mineral exploration
and development.

From:  Kathy Roth

Signatures:  31

Subject:  Supports Sanctuary protection from oil drilling.
From:  Live Oak High School geology class, period 4

Signatures:  16

Subject:  Supports Boundary Alternative 5 and protection of the Sanctuary from oil
development 

From:  University of California, University Herbarium

Signatures:  16

Subjects:  Opposes the Dept.  of the interior's five-year lease plan for offshore oil and
gas (California Lease Sale #119).  Supports a California Ocean Sanctuary from Mexicao to
Oregon that would prohibit drilling and toxic dumping offshore.

Signatures:  5860

Subject:  Supports Boundary Alterntive 5, and seeks to prohibit oil and gas development in 
the Sanctuary.

From:  Coastal Concerns

Signatures:  923

46

Table 3 cont.  Petitions

Subject:  Seeks to prohibit oil drilling off California coast.

From:  EA  Hall School Students

Signatures:  22

Subject:  Supports Boundary Alternatives 5.

From:  Seaside Greensleeves Environmental Action Group, Seaside High School

Signatures:  86

Subject:  Supports creation of a large marine sanctuary.

From:  Seaside High School

Signatures:  9

Subject:  Supports Boundary Alternative 5, and seeks to prohibit thrill craft and drift 
nets.  In general, supports NOAA prohibitions.  Seeks to increase sewage treatment levels
prior to discharge.

From:  Tandem Computer, Inc.

Signatures:  40

Subject:  Supports Boundary Alternative 5.

From:  All Saints Day School

Signatures:  148

Subject:  Supports Boundary Alternative 5.  Seeks to prohibit offshore drilling.  Supports
strict regulations of vessel traffic.  Seeks to prohibit thrill craft use.

From:  Diane Dawson

Signature:  126

47

~0








                                                                Table 4. Publlc Hearing Speakers
                      September 12,1990
                      Monterey City Hall, ~6qN~6qbnt~qer~qey CA
                      76 Speakers (3 Unidentified)
                      In order of appearance


                      Sylvia Panetta representing Congressman Low Panama                       George Wilson
                      Mark Del~qf~qi~ero representing U.S. Senator Pole Wilson                      Sloven Abbott - PE~q&G Mass Landing Plant
                      State Senator Henry M~e~qNo                                                 David Tatman
                      State Senator Henry M~e~8qf~8qt representing State Senator Mi~ql~on Marks          Robert Davis - Pacific Grove Museum of Natural ~qH~qis~t~a~iry Assoc.
                      Assemblyman Sam Barnes                                                   John Smiley - Big Crook Reserve
                      Karen Kauffman - Monterey County Board of Supervisors, AM~qZAG             Mary Ann ~2qM~a~th~i~e~w~s - ~qC~a~ql~2qf~2qtm~ia Mad" Plant Society
                      Sam Kans - Monterey County Board of Sup~e~r~qmsor~s                           J~ar~y~w~a~s Willk~x~2qqhby - Am~en~c~en Coleman Society
                      Mark ~qDe~qffi~ero, - ~qC~entra~qll Coast ~qReg~qi~on~i~a~qll Studies Program               Peter Miller
                      Tom Pw~qWns - Monterey County Board of Supervisors, AM~q1~q3AG                 ~qBi~ql Sh~i~ep~ard~son
                      John V~onr~e~es - San Luis Obispo County Board of Supervisors               Abe Som
                      Ruth Freeland - City of ~qk~q4~qlont~er~ey, AM~qBAG                                Martha~ Norton
                      Bud Nunn - Pacific Grove City Council                                    Carol Moyer
                      Bob Fisher - Carmel~-~qBy~-Th~o~-S~oa                                           Mr. ~qV~ol~ql~on~s~qi~qd - Monterey P~e ~n~qin~s~u~ql~e Audubon Society
                      Mr. Tak~ak~ow~a - City of Marina. AM~qBAG                                     Kenneth Flood representing ~qh~qis dog, PRO
                      Dr. Hughes - Monterey Water Management District                          Nancy D~o~ng - ~qSup~er~of Monterey Peninsula Unified School District
                      Mr. Mu~ss~e~ql~qman - City Council of Gilroy and Morgan H~q111                   M~q1~q1~qw Eberly
                      Austin C~A~4qf~4qtn - ~qC~a~qlTr~an~a                                                  Stew ~qP~4~0~q9~q9~0
                                                                                               ~8qM~qw~qV~o Not~i~onkamp~or ~- Monterey Peninsula Wow Man. District
                      John Martin~- Member, C~;~o~n~qg~r~o~ssman P~qW~qW~0qW~s S11~0~0~fi~n~qg
                      Commit"                                                                  R~qi~qd~w~ird ~qBu~s~qich
                      Dan Ba~qldr~qi~ch - Member, Congressman P~qW~qO~8qU~S Steering                        Jack Wickham - ~qSi~e~qf~qfa C~q4ub
                      Committee                                                                Sera E~6qk~n
                      Joe S~t~a~qill~a~r~t - Sanctuary S~qt~o~or~qin~qg Comm~i~8qf~8qt~e                              ~2qM~9~q9 Manus
                      Steve Webster - Monterey Say ~qA~8q*~qM~qium                                      ~qa~qw~a~s ~qc~4~qf~qi~ern
                      Charles D~o~ql~qm~ak                                                           POW Monism
                      waiter Wong - Department of H~q"~4qW M~qW~0qM~2qW C~qa~4qf~4qt                                M~qok ~qL~A~n~0qW
                      ~4qM~a~qg~qgi Weaver                                                             ~qC~2qk~qy ~2qR~upp~s - C~4~n~V~2qW C~a~ql~qs~om~qm ID~N~6q" ~qC~qo~x~i~ed
                      Dan Haitl~ey - Save Our Short$                                            E~2qf~2qt ~qD~or~qh~'
                      Ra~r~8q4a~ql~ql Frye                                                             Donald ~qk~q4~or~6qW
                      Diane Steller                                                            ~2qc~qar~qoll ~8qu~qrn~qe
                      Diane Dawson                                                             is" ~2qs~8qp~6qi~qu~qt~qo
                      Mark Silberstein - E~0ql~2qI~6qd~qi~qorn Slough Foundation                            ~8qN~12qw ~16qm~qo~2qp~qs~qt~qe~qnd
                      Ra~qch~qol Saunders - Center for Marine ~6qc~qon~qs~qe~qrva~6qd     on aid Marine          MI~12qM ~2qF~12qW~8qw~8qM
                       Prowled Areas Program                                                   Kurt Shor~qs~qon
                      Karen Fry                                                                Lynn ~8qL~8qo~2q"~4qM~qon
                      Gr~qogwy ~8qS~0qi~qv~0qw - Director, Friends of ~8qS~qo~qa 0~0q0~4qw                               H~4qw~q4~qey ~4qV~8qw~qx~08qk~qr~q#~q4w
                      Andy ~8ql~6q"~8qb~qell                                                              ~0qe~8qm~2qb~qer~qa Reiner
                      Chris Sul~6qtridg~qe                                                          ~6qC~qo~2q" ~0qL~2qy~2q"~qn
                      Chris ~8qHa~qrt~qs~qo~4qill                                                          ~8qP~08q~ Her~08q"
                      ~08qM~qory N~4qis~4qhimo~qt~qo


                      48
 

~0







                                                                        Table 4 cant. Pub~qlIc, Hearing Speakers
                                   September 13,1990
                                   Veterans Hall Aud~qitor~qk~qim, Santa C~8qm, CA
                                   61 Speakers (11 Un~qId~qentM~qe~0qo
                                   In order of appearance


                                   Ken Christopher representing Congressmen Leon Panetta                  M~e~qhu~s Kramer
                                   State Senator Henry M~e~qNo                                               ~qB~o~qb ~qC~er~ey
                                   Assemblyman Sam Farr                                                   ~4qM~ar~qg~q" Fus~sa~qd - U~qSCS Natural ~qR~eserwes
                                   Robin Levy - Santa Cruz County Board of Supervisors                    ~qD~@~s~vid Bachman
                                   Marty ~q8arnho~qld ~- Mayor of Santa Cruz                                   Jim Lucas - Big Stick Sw~qm~4qV ~qA~ss~o~d~qw~i~qm
                                   John Laird - Santa Cruz City Co~u~n~qd~ql, AM~qBAG                             Chris ~qB~r~o~adw~e~qll - Sierra Club
                                   Joe Miller - Scotts ~qV~2qd~ey City ~qC~ou~n~qd~ql                                   ~qS~0qu~v~e M~qw~r~q1~ql - Surf Riders Foundation
                                   Joe Townsend - Santa Cruz Port ~qDi~s~qtr~qi~0qd                                 Mark J. Palmer - Ocean Alliance
                                   Edward Brown - ~qCali~ql~ql~orn~ia C~oa~x~6qW Commission                            ~qU~0qM ~qR~o~th~2q%~2qW - ~qR~o~qAh~ern Cowl Boys
                                   William Nyud~en                                                         Ted A~ql~en~qb~e~r~qg ~qa~qp~r~e~se~r~di~u~2qV ~q6~1~qh ~qgr~ad~ars from ~qD~e~qlm~qw ~qL~qidd~qle
                                   Dan H~a~2qf~2qty - Save Our Shores                                            ~qScho~8qd
                                   Harold Short                                                           Ron ~q0~1~, ad an - ~qS~qW~A~qm as A~2qf~2qtma~l~s Tr~a~ns~qpor~l~a~t~qi~o~n
                                   Ned Cu~rtery                                                            ~2qW. N~qi~c~a~t~qi
                                   Jean Adams                                                             Susan McBride
                                   Mike Hume~n~qk - Board of Trustees~, Save Our Shores                       Bonnie Wilson
                                   James Gald~qia~s                                                          God Suite
                                   Jane Orbuck                                                            L~aw~n~qm~qw ~qF~ra~qmh~egen - Friends of Prince William Sound
                                   Jennifer ~qDiRo~s~si                                                       Ava ~qCin~e~qm~s
                                   Wam~an Hager                                                            Ta~qp~qp~qy Tim
                                   Scott West                                                             Charles Cunningham
                                   Patty Kom                                                              Al Brady
                                   Brands L~av~e~qm                                                           ~~qB~qb~qb~0qO~qw~qm
                                   Aura Weis                                                              ~8qM~qk~qi~a~qll~qm ~qP~q4~2~1~3
                                   Jean Byers                                                             ~qEd~qf~8q*~0qW
                                   Jennifer Taylor
                                   Sharon Unger
                                   Stacy Davis
                                   Cathy Pearson
                                   Ralph Walker
                                   John Tapley
                                   Tony Sloss
                                   ~08qM~4qi~qc~4qt~q-~2qa~8qll~qe Wows
                                   Tracy Sorted - Defenders Of ~12qW~2qv~68qd~12qf~12qt
                                   ~08qM~4qi~04q&~8q&~8qW Webber
                                   H~4qo~qry ~08qM~4qw~8qd~qn
                                   Jew ~2qFl~qeis~qs ~q- Wild~8qwn~qi~qa~8q" S~qOC~qG~8qRY
                                   Tarry Tr~qaha ~q- League at Warn~qan Vo~6qW~qs
                                   ~8qA~08qk~q. ~2qS~q&~qr~08q4~8qm~qg



                                                                                                                                                                       ~2q49
 

~0








                                                            Table 4 cont. Public Hearing Speakers

                      September 14,1990
                      Half Moon Say Community Seniors Center,
                      Half Moon Bay, CA
                      70 Speakers (3 Unidentified)
                      In order of appearance



                      Casey Byer r~ep~qm~en~ti~ng Congressman Tom Campbell                            Joy Clemens
                      Joe Nic~odm representing Congressman Tom Lantos                            Iris ~qCr~e~qigier
                      Senator Quentin Kopp                                                      Mary Conk~ay
                      Deborah ~qB~r~qing~ql~es~s~or representing State Senator Becky Morgan               Bob Green - Na~v~ural~qi~st. ~2qF~itz~qgeral~qd Marine Reserve
                      Assemblyman Ted L~emp~e~rt                                                   Maio ~qV~6q"~z
                      Tom Nolan - Son Mateo County Board of Supervisors                         Mary Hobbs - S~2qWr~a C~qAub
                      Jim Gonzales - City and County of San Francisco Board of                  Don Geary
                      Supervisors                                                               ~qI(it Dove
                      Helen ~qS~qk~qidel~son - Mayor of Hall Moon Bey                                  Diane Bowen - Sie~qm~a Club
                      David Iverson - City Council Member                                       Ann N~o~6qf~6qtff - Natural Resource Defense Council
                      Peter Loeb - Mayor or P~a~ci~qfl~o~ca                                           Donald M~ayall
                      Gary Orlin - City of Belmont Council Member                               Judy Holman
                      Dan Ha~6qf~6qf~6qi~ey - Save Our Shores                                             ~qF~6qWAndw~son
                      Elsa Evans                                                                Joan Chri~s~qd~nas
                      Charlene Spr~e~qtr~i~ak                                                        Mike Ezekiel
                      Dorothy Toms - Coastal Concern                                            ~qS~e~ql~qy ~qs~oc~qkman
                      R~ob~e~cc~a M~a~ql~o - Coastal Concern                                            M~ar~2qp Tom - La Honda Watershed Coun~4qd
                      Mary Do"                                                                  JA Weir - Pigeon Point Lighthouse. AY~qH Hostel
                      Eleanor Llewellyn - Ocean Protection Coalition                            Susan ~qJ~er~e~au
                      Julie Botts                                                               Roby Price
                      Paula Arm Vouch                                                           ON" M~8q"~qW
                      Richard S~chram~-~qB~ar~e~sf~o~r~qd~-H~qA~qR~qI~qA1~1~0 Homeowners As~soci~a~qd~qw                    JIM ~qN~en~s~qk~qy
                      Ms. Cass                                                                  ~qP~A~qM~6qS~O~8qM
                      Gary S~trach~i~n - ~qCa~qj~q*~qW~qn State P~qo~2qU Rangers Association of                   jam ~2qW~qe~qi~qg~an
                      Ca~ql~qi~f~or~n~i~'~a                                                               Ken ~qB~e~qd~u~qw
                      William Morris - ~2qo~qi~ql ~6q01 C~qo~qw~i~8qf~8qt~e~. Sierra Club                              Jam Chambers
                      Jack Freelande~r                                                           ~qB~or~qd~i~m Brown
                      S~qa~qt~q-~12q4 Stader - ~12qW~16qW~20qW Care C~2q"~00qW~q- Hum&* S~qo~8qd~28q"                                   Alan Cy~8qi~8qph~qer
                      Sara Crandall Home - Ex~36qO~qo~qr~8qin~2qg Now Hams Outdoor                            Lad Dunn ~2qL~08qAy
                      Jam*$ Matta                                                               Ch~qri~qe Church
                      Und~qs Lewis ~q. Coyote Point ~20qW~qa~qsurn for Environmental ~6qSuldi~q*s                am ~0qB~qorh~qam
                      Jonathan Stern                                                            cloy ~12qf~12qt~08qq~08q" - Central ~2qC~16q~~qIa ~2qC~qcU~qr~qvi~8qi Of ~2qD~32q" ~12qM~08qf~08qt~q-
                      rim ~20q" - Sierra Club
                      ~6qS~8qt~12qW~4qi~qa Hyman - L~qe~24q" of Women VOWS
                      A ~2qSh~qa~8qil~qenb~qerg~qer
                      ~0qE~2qi~qg~qe~qn~qor ~8qL~4qi~qew~qellyn representing ~08q~ C~4qI~16qM
                      Tom N~q0~q0~q6~qo~qn~q. mar" ~6qa~12qwk~40qo~qst
                                                        ~2qS~qa~qn Francisco S~0qu~00qf~00qt University
 

~0









                                                                                   Table 5~. Individual Commentors


                                         927 Individual ~4qC~2qomm~2qen~qt~2qors
                                         (20 names illegible on letters)
                                         Acevedo, Barbara                       Sal, A~qiyssa                            ~qSons~t~al~ql, ~qCh~o~s~qley                     Carroll, ~2qW~qil~qi~e
                                         Adams, Karoi~s                          ~qSa~qf~qthi~s~, Frank                         Bons, Eva Rea                         Can~o~qi~qL Sham
                                         Adelman, Leon                          ~qB~al~ihi~s~, Judy                          ~qB~o~s~qm~, Jason                           ~qCa~s~a~qf~qir~to~. Lowy
                                         Ad~e~ql~qmau~. Lucille                       ~qB~q". Kay                                got ~qj~o~rr~i~e~s                           Case, Andy
                                         ~qA~qik~ou~, Alex                            Serous, Michele                        Sm ~qJ~8qW~S                                ~qGa~w~a~8qf~8qt~, Dorm jean
                                         Ala, Fra~nc~qia                           ~qSard~ock~a~, Seth                         Boyce." ~. ~2qc~qie~s~qi~s                      COMM ~qC~S~qA
                                         Albers, ~2qGera~r~qdin~e                      Barlow, Ake                            Br~a~qg~qdon~, Davis                        ~qCeau~qtord, Paul
                                         Alder, Donald                          Barlow, Claude                         Breckenridge, John P~.                 Ch~a~qin~ey, Janice
                                         Alder, Margery                         Bernard~, Jeff                          Brighten, ~qRo~qb~o~n                       Ch~ai~n~ey~. WE.
                                         Alexander, Jean                        Barney, Debbie                         ~qBr~o~ql~o~in, Stephen ~qC.                   ~qCh~o~ql~e~nd~qi~n, ~q0~q1~4~qm
                                         A~ql~on~qgst. Pa~qt~qicia                       Barren, Micky                          ~qB~io~w . Bob                            Ch~a~n~c~ez. Eunice
                                         A~ql~qt~enb~e~r~qg, Edward                      B~e~traza, A~2qb~a                           Brow~q, Orion                           Ch~app~o~qi, Alfred
                                         Anderson, Helen                        B~qw~4q*~2qV~qw. Todd                            ~qS~t~own, Cad                            ~qCh~ap~so~qm Lai*
                                         Anderson, J.~qR~.                         Barrows, Shan                          Brown. Gwen                           Ch~qo~qm~. ~8qC~lab~o~o~qk
                                         Anderson, James                        ~qB~e~f~6q*~qK~qt M~e~ql~o~2qM                           Sow-, is                              Chessman~, ~qD~qo~2q*
                                         Anderson, Linda                        Baum, Jeff                             Brown, L~encu~qid                        ~qCh~o~osman, God
                                         ~qA~r~8q4~e~r~s~on~, Patricia                     Bauer, Hea~l~t~qher                        ~qBr~o~v~i~r~t~. P.M.                         Ch~o~f~t~qA~ql~ql~e~n
                                         Andrade, ~qHo~n~en~c~qia                      Sock Barbara                           Brown~. Patrice                        Chester., John R~.
                                         Andre~. Ramona                          Bel. Ann                               ~qa~r~qy~ar~i~qk Jeffery                       Chinn, Amy
                                         A~n~qd~qm~. Richard                          ~q81~0111, Notion                         ~qBulock~-W~qison, Barbara                 Christy. Louise ~q0.
                                         Andrews, Leslie                        ~qB~olin~qi~qlan~l~e~, L.L.                      ~qOull~ock~-W~qison, Gone                   Church, Chris
                                         Andrews, Richard                       ~qs~o~ql~qk~2q"~Z~. R.J.                           Burgess, Ryon                         C~qio~qu~ql. Bob
                                         Ang~s~qio~s~, Christopher                   ~qS~on~qi~c~i~qf~qf. J~o~qwn~e                        Burnham David                         C~2qf~2qtnn~qi~. M.L.
                                         Ann, Paula                             ~qs~qa~i~qm , Bruce E.                        ~qa~qw~y~q*~qw~n. Ian                           ~qC~qk~l~isi~ar~. ~8qM~8q"
                                         A~n~omp. A.                              ~6qa~n~o~qw~qd~'~qi~e~s~s~qic~a~l                         ~q8~1~4~2q0~S~. ~qP~8q%~2qW                            ~qC~q1~0~8q6~.~q411~0~1~0~1~5
                                         Anthony, Elizabeth                     ~q0~    ~1~ Ur~8qall~,                        ~0q9~W~X~qW ~q4~8q"                               C~qI~M~4qA R.
                                         Aronson, ~8qNch~@~6q4                         Berstein~.                              ~6qq~u~i~t~a~qw~2qf~2qt~2qk~in                           Clark ~2qv~A~qd~qm~qd ~8q0~.
                                         Ar~qmand~qi~S~, P~q&~qA                          ~qa~e~s~qt 0~q0~0 a                             am, ~0qac~qh~or~qd ~qH. Jr.                     ~r I ~. ~qT~6qAI~M
                                         A~rmon, Art                             ~qB~e~4qf~4qtnc~ouK John                         ~qa~t~8qm~or~, Larry                          ~qC~q4~0~6q0 ~q@~2q@
                                         Askoff~. K~o~8qM                            ~qB~o~u~qg~2qd~. ~qv~o~ql~e~8qf~8qt                          ~qg~u~qo~t~t~e, Suzan"                        Co~qd~qd, E~2qb~8qd~qw~th
                                                                                                                                                             Cowman~q. Jennifer
                                         A~qv~4qi~qns. Philp                           ~20qM~qv~qi~qsin, ~6qs~8qi~8qmran                         ~6qC~qo~12qm~8qw~qi~qc~qt~q, JON
                                         Saar~8qb~qs~q. ~6qL~qu~2qp~2qi~04qf~04qt                         ~4qBhush~qan, Judith                        ~0qC~qa~16qf~16qt~2qt Gregor                          cow June
                                         Bad", Joshua                           ~4qO~16qW~qc~qe~q, Monte                            ~6qC~8qw~qi~6qd~qer~qon~q, Hugo                        ~16q0~20q0~q111~q1~q. ~8qN~8qO~qV~q-~8q7
                                         Baker, E~8ql~8qis                            so, ~6qj~qo~qs~qe~q.                              Cane. E~12qk~qab~qo~qth                         Co~8ql~2ql~qon~q, ~08qM~q111~36q4~q1~q1
                                         Baker, Elie                            ~6qB~2qk~qx~24qA Kenneth                           Canal. Susan                          ~2qC~4qa~2qd~qw~qe~qs. Craig
                                         Baker~q, M~qS~qAdY                           Sm. ~2qDun~qc~qo~qn                             ~2qC~16q" Karen                              ~2qc~qo~qn~qou~6qt ~2qF~2qk~12qm
                                         Baker. Sands                           ~6qS~qoch~q. N~qo~qol                             ~6qc~qa~qt~4qi~qo~q, Monica                         Congaree~q. Mariana
                                         ~4qB~20qw~6qw~q' ~4qs~04qw~36qo~00qw~8qi~qs                            Boom, ~20q04~q(~8qw~qr~2qi~q*4~q1~1~6q1                      C~q41~q11~4qt p~40qW M~2qichad                      ~6qC~qa~6q~~q. Nicola Sage,
                                         ~2qBa~08q"~q,~8qS~qaud~qe                              Rog ~q.. ~8qs~2qu~qv~qe~qn ~2qP.                        C~08q~~q. W~qond~2qV                             ~4qc~0qw~8q~~q. Th~qor~qi~0qm
                                         ~0q6111111~40q0y~q. Mu~qn~qs                        Wow, N~qorrna                            Carpenter~q. Orion                      ~2qC~qo~qn~4q*~4qL ~6qq~8qw~6q4~qor~qn~qa~qn
                                         ~2qS~qo~4ql~2qdo~qck~q, Barba~q- ~8qM                      Baum, ~12qw~08qa~qs~4qm                             ~6qC~qarri~6qg~q, Mary                          ~8qC~qo~qg~qr~qo~08qw. ~08qm~qo~qr~04qb~qell
 

~0










                                                              Table 5 cont. Individual Cornmentors


                        Cots', Joan M.                        ~qDi Berardino, Angola                  F~ir~sch~e~qin, Oscar                     Glin, Diane
                        Cowan, Bruce                          D~om~a~c, Charles                        Fisk, Pamela                         Glover, Alexander E.
                        Cowan, ~qJ~lu~qdy                          Dong~an, Margaret E                    Fletcher, Brandon                    G~o~b~o~c~m. Mar~ioi
                        Cramer, Sh~e~f~7y                        Donhoff~, K~aryn                        Fl~or~er~s, David                       ~qG~o~e~ser,~qj~a~qme~e
                        Cra~nd~e~qf~ql~-H~oxie~, Sam                   Donovan, Katherine                    Flores, Miguel                       Go~qit~a~qin, Ernest
                        Crane, Setty                          Doran, Bonnie                         Flares, Mir~na                        Goldstein, Sally
                        Crau~qtor~, J~.                           Dower, Susan                          Fong, Dan                            Go~ql~o~s~qman, Bernard
                        Crawford, Katherine                   Doyl, M~or~8qd                            Fontana, Nancy                       Gonzales~, Maria
                        Crisman, Rach~o~ql                       Doyle, William T                      Foss, Mork                           Good, Jul~qi~s
                        ~qCri~s~o~s~qt~o~qm~o~, ~6qM~0qW~qW~qN~S                     D~r~ey~qfuss, Martin J~.                   ~qF~oxx~. Mork                           Good~e~ql, Daniel
                        Culan~s, Joy                           Dr~qitz~ef, Sherry                       ~qFr~ago. Carman                        Goodenough, Amanda
                        Cummings, Mic:hae~ql                    Drunc~ql~o~q@ Judy                         ~qFr~ago, Dan                           Gordon. Lynn
                        Cu~r~qich~, John                          Duffy. James                          Fraley~, Na~t~esh~o                      Gott Ken
                        Curry, Robed                          Dugan, Frances J.                     ~qFra~nd~o~er, Alex                       G~oya~qf~qt~, Melissa
                        Cusa~c~. Anne-Maria                     Du~qgg~qins. David                        Fr~o~r~0q4~im~, Zachary                     G~raf~qfy~, Elaine
                        Cu~t~qford, Gone                         Dum~n~.Jo~s~e                             Frank, Margaret                      G~rah~orn. John
                        Cutler, William                       Duran, Melissa                        ~qF~qm~n~qk~8qM~. Louise                        Graham, Marion
                        Cu~tsha~qll~, Gloria                      Dutch, ~qB~r~qW~qX~4q%                          Frederick~, Ed~lh                      Grande, ~q0. Do#
                        Cutsha~qll, S.                          Dye, Louise                           Freemen. G~qi~nny                       Grant. Georgia
                        Cyph~er, ~8qNl~an                          EA. Hal Middle School                 French, Edward                       Gray. Alan
                        Oarnroach, Dave                       ~qE~qdd~qi~ngs, Owen, Jr.                    Fr~enct, Helen                        Gray, Donna
                        Damr~o~s~ch~, Jud                         Edm~an~s, Su~q=nn~e                        Fray. Ernest                         Gr~e~e~n~qbl~a~qt Mad" E.
                        Dansky~, Jeri                          Edwards, ~qS~0qW~*~v~n                        Fray, Juba                           Greenman. Chris
                        Davies. Donne                         E~qg~qi, Diem                             Fry. Randal                          Greenwald~, Joanne
                        Davis, Char~qiot~ql~e                      ~4qSch~i~or~qt W~qill~qi~on~t                      Fulton. Cal      E.                  Greenwood~, Robert
                        Davis, Irene                          Eid~u~rn. Jules                         Fu~s~ari~. Margaret                     Greer~. Doug
                        Davis, John                           Eta, LAW                              G~o~qgn~-~9~. Ml~qich~a~e~qll                    Grow, U~q1
                        Davis, Rodney                         ~6qe~qm~4q*w~6q% E~ql~air~qm                          ~2qG~e~ql~ql~0q4~qm~, Dianna                       Gloomy, ~qs~qy~qlv~qil~l
                        Davis, Sharon                         ~4q8~v~olow, Anne M.                       ~qG~ql~qoc~qi~a. ~qy~e~s~e~ni~a                      ~2qG"~N~6qO~4qW~.
                        Dowel, Michele                        Es~qp~qk~v~qm~q& Ernest                        G~ardrAr~. ~0q8~q*~1                                   ~q1~q1~4~0~1~0
                        Dawson, Diane                         E~d~i~s 1~qA . P~qO~qA                         ~6qG~8q~ Newell                            G~O~0qW ~6qU~qW ~2qV~qd~qA~igl~qi~qg~n
                        do lb~arm, Kay                         Evans. an G.                          ~qG~e~rr~o~lt~. Frank E.                    Gr~6qf~6qt~l is"
                        Deem, Bruce D                         Evans. Elm ~16qG.                         Go". maw                             ~qG~2qd~4qW Ronald
                        D~qebo~4ql~8qt Dan                            Ewing. ~2qj~qe~8qwn~qe~0qn~qe Parkes                 ~16qG~qe~qs~qe~8qm~qn~qa~2qu~q-~4qi. ~0qO~8qW~32q"                      ~8qG~qr~32qO~24qK Pea
                        Dodo, Douglas                         ~20qE~qT~qO~16qW~q, M~6qk~2qt~12q"                            ~12qa~qs~2qi~8qm~q, O~qon                            ~16qG~qr~2qi~qs~qe~00qw~q, ~6qT~6qha~qs
                        Dodo, Susan                           ~6qF~12qW~q@~q, Ake       ~q:~q'                     ~2qG~qo~qt~0qtm~qa~qn~q. Cindy                       Gross. Andrew
                        ~16qU Grande. 0.                          ~0qF~qoult. Christen                       Gay. Donnie                          Gross. Carol
                        Doi mar Widd S~qch ~8q6 or                 Fedor, Judson                         ~8qG~08qa~4qh~qo~6qm~qs~q, Richard L                    ~08qGr~qo~qss~qi~qr~qi~qe~qn~q. ~8qL~2qk~08qW~qa ~4qH~q.
                        ~6qD~qe~4ql~0qg~qad~12qf~12qt~q. N~qo~qo~4qm~qt                       F~qeir~qth~qa~12qf~12qt~q, ~12qN~qchw~qa~qs~8ql                    ~2qa~12qbs~qon~q, Arm                           Gruber~q, ~0qD~qan
                                                              F~qeir~qW~qO~08qW~q% Dim"                         Gibson~q, Susan                        ~2qOrul~qschi~2q@cr~8qw~q, Alec
                        O~qeR~qouss~8qi. Da~q%~2q4d                                                             ~2qG~4qh~12qb~8qy, Even J.                        Gu~qard~qe~qal~4ql~qo. Sandra
                        D~qe~qsp~qa~qrd. ~6q0~16q"                           F~08q~~q. Linde                                                                  ~12qaldr~qou~qs, ~2qF~08qf~08qt
                        Defter. Megan                         F~8qw~qn~qa~qz~08q&. Cyn~12q"                          ~6qG~8qir~6qm ~2qU~8ql~2qy                             ~08qou~qs~qes. V~8qidd
                        ~0qD~qo~2qV~qa~qe~q, ~12qM~qO~qO~2qM                           Rio, ~24q&~6qJ~q.                              ~12qG~04qan~qtl~4qi~qn~qn~4qi~qng~q. Mary
 

~0









                                                                                  Table 5 cont~. Individual Co~4qm~4qm~8qWors


                                         Guilbe~rt-H~en~ry, Mary Los                Heymann, Gary                          Johnson, Casey                         Kuehn, Richard
                                         Gu~qll~qi~ez, Mandy                          Hill, Brea                             Johnson, Eric                          Kunchy~, Edward
                                         Gundefs~on, Carolina                     Hill, William A.                       Johnson, Harry                         Kw~qw~8qq~, Betty
                                         Ha~qgger~ty~-~8qRgt~or Family                   Hill-Lee, Sand                         Johnson, Linda                         LaDuk~e~,~qRe~n~ee
                                         Ha~qltin~e~r~. Jeffrey                       Hiller, Peter                          Johnson, Tom                           ~qLa~qf~r~o~n~t~z~. John
                                         Haney, Robert                           Hi~qll~o~n, Phy~qll~4qf~4qt                        Jones, Eleanor                         ~qLa~n~qgrw~, Mark
                                         Haring~er~, Gis~e~4qW                         Hitchcock Linda                        Jones, Elizabeth                       Lam~on. Carl
                                         Har~qinger, Herbert                       Hod~qgins. Pamela                        Jones, Herbert                         La~thr~ap, Lesley
                                         Harkway~, Carolina                       H~o~ql~l~cmd~ohl, ~qR. L                       Ju~ar~oy, Sig!                           Lau~sn~and~o, David
                                         Harlin, Marilyn                         H~o~8q*~. Susan                             ~qJ~u~s~qik~qs~' ~2qM~qM~2qU                            Lawson, Janet
                                         Hamm. Coils                             Holden~, J~o~qbn                           Koehler, Alfred                        Loam, Pony ~qR.
                                         Harms, Tony                             Holland~, Barbara                       K~e~sh~8qW~,Jo~an                             1 ~.~7 ~t~il~, ~qj~a~qnne~s
                                         Ham, Lucy                               Hon~ack. ~2qWch~s~ol                         K~aluu~t~s~, S~ql~efa                         L~a~qd~.Thoma~s
                                         Hamms, ~qS.R.                             Home, ~2qM~a~qm ~qE~qA~M~qW~8qW                        K~as~ty~2qW~, Stephanie                      ~qL~f~f~x~qi~s~@ ~qC~o~2qf~2qt
                                         Harris, Addison                         Horsley, Torn                          ~qK~qW~4qA~qM~qM~, ~8qG~o~qo~&                            Lewis~, ~qH~qI~qMY
                                         Harris, Alice Lee                       ~qH~a~t~chkis~s, Carol                       Kew in*                                ~qL~OY~qM~. Bets"
                                         Harris, Chris                           Housman, Audri~o                        K~2qO~qw~. ~qC~A~theri~n~e                         ~qL~o~rt. ~qV~e~f~t~e~0qf~0qt
                                         Harris, David                           Housman, Lowell                        K~e~0q"~. Jack                              Lift ~i
                                         Harris, David J.                        Houston. Duke                          Kenyon, Paulette                       Lay. ~qJ~eann~o
                                         Harris, D~esM~ar                          Howard, Richard                        K~er~shner~, Cheryl                       L~qï¿½~qy,R~ab~o~n
                                         Harris, Ester                           Hubb~er~, B~6qf~6qt                            Kessler~, Rory                          Liam H~a~8qm
                                         Haft, Ras A.                            Hu~s~c~erv~qio, Yr~s~qin~qia                     KNOW Vora                              Undo", Phu
                                         Haskell~, Carols                         Hulk Au~lhur                            King, Mur~qi~al J.                        ~2qU~2qv~er~, Sol~q"
                                         Hav~qle~qm ~qJ~qim                              Hulk Down                              ~2q". Valerie                             Uppo~0qK Irma
                                         Hawkins, Quail                          Hump". Lucia                           ~2qK~qm~2q&~.~r~qw~, Judith                         Live Oak H. S~ch Goo ~6qOa~s
                                         Hawley, Joan                            Hu~r~v~qL J~o~2qM W~.                           K~ql~o~s, Gary A.                          ~qL~iv~iing~o~0qwn, ~6qW~.~qG.
                                         Hayes, Dennis                           ~qH~0q~ Be"                                 ~qK~2qb~0q~~. Mary                              ~2qU~w~8qW~, Lincoln
                                         Hay~es~,Jan~ot                             ~2qb~or~0qm ~qI~qM                                Knopf, ~6qW~2qq G~orti~c                       L~MM~6q& 1~2q4~0:~q11~01~q1~0in~e
                                         Ha~qy~qf~or, ~qL~ouis~s                          ~ql~6qW~qM~0qW~qY ~qJ~a~-~~qd~2qb                           ~q91~1~2q0~. ~6q%~4qW
                                         Hobart~, Alan                            ~qk~2qm~o~qm~qy~. ~8qM~S~8q&                             ~qV~qA~0111~0~1~r~, ~qC~qo~N~qd
                                         H~ebef~qt Joan                             ~qi ~qgh~- own                              ~4qN~O~qR~M~qW~k ~qV~A~M~4qM                            ~8qU~qlp~a~r~. ~4q*~qo~c~o~8qw
                                         H~okh~qWs, Dan                             11~M~O~8qO'~s~. ~qL~qY~qM                           ~qK~qA~qj~o~0qW ~qP~2qW H~.                            ~qL~8qq~qm~qc Paw.
                                         Helms, David                            ~qtr~qo~qll~qand~q, cur"                         Know. Victoria a.                      Laws. Look
                                         HI~qemel, Albert                          Ivy. ~2qL~qo~qo                               K~qak~qossoulls, A~qn~6qg~08q"                      ~8qL~q1~q0~q0~q0~q6 ~12qO~04qb~12qb
                                         H~qen~qn~4qi~6qg, Laur~8qi~qs                          i~ql~qack~qs~qon~q. ~6qP~qW~2q&~qW~q-~q1d                      K~20q~~q. George                             ~08qU~2qM ~12q0~q1~q01~q0
                                         Homing. Dan                             J~.~qe~8qm~6qb~qs~qon~q, ~12qM~8qW~qO~qR~12qM                        K~qol~8qi~qob~qo~8ql~6qf~q. Lana                        Ly~2q". Dr. K~qa~36q"
                                         H~qe~qr~qs~24qK D~qo~qr~0qthy                            Jacobson~q. Margaret                     ~2qK~qa~qv~8qwhy, ~4qE~2qd~qm~qard ~08qK                       ~08qMI~qN~qO~8qW~00qW ~6qO~8qr~12qm
                                         H~qem~qon~qid~qe~qz~q, A~qn~2qgi~2ql                        Jacques~q, Josh                          Kozak Chuck                            Maclellan~q. El~qe~qon~8qw
                                         H~qem~qan~qid~qez~q. H~qo~qr~0qm~qe~8qli~qr~0qx~08q*                   Jon", Mason                            Kr~q#~08qA Marilyn                           M~12q". ~12qf~12qt~8qy~12qf~12qt
                                         Hershey. Davis                          Jon", Gomm                             ~08qW~16qqW~q, Allen                             ~08qM~4qn~00qf~00qt~q. ~08qQ~qV~08qd
                                         Heft, Brian                             ~8qj~qo~qr~qi~2qm~6qm A.                              ~08qK~12q*~qA~qr~04qw~q% #A                              ~12qm~8qu~8qi~qv~q. cow
                                         Hess~q. ~12qf~12qt~8qb~qort                            ~04q%~qn~qn~4qin~6qgs, Cara"                         ~08qOt~8qm~q. ~04q%~4qMTY                              ~08qM~qM~12q"~q'~6q^ Marie
                                         ~0qH~qourn~qon. Donna                          j~qann~4qi~08qm~qs~q. U~q)~04q"                           ~0qK~qr~04qA~qs~qur~qe~q, Judith                        ~2qh~2qi~ql~8qt~qs~8qyr~qno~qw-~8q@~6q= Alex
 

~0









                         Malkin, ~qOe~qbra                             Melvin, Unda                             Nelson, Lynn                             P~oll~ogr~qin, Helen
                         Mallard, Anne E.                          Mendota, Rosemary                        Nelson, Margaret                         Pennington, Edith
                         Mancha. Vanessa                           M~enoff~, Barbara                          Netz~l~oy, Ralpkh                          Peoples, Michelle
                         Mandt, Cheryl                             Mark, M~qw~th~a                              Newman, Carol Joan                       Pepera, N~qick~ol~e
                         Mankowski~, Susan                          Meyers, Howard                           N~qk~q*~o~qds~. Wiliam. F.                       Persa~. Ellen
                         Manoog~qian, Jon~e                           Milg~a~l~e. Linda                           Nico~ql~et, Travis                          P~e~t~e~rhans~, Laura
                         Manor, E~ss~qb~orno                           Mi~ql~qin, Sherry                            Ni~es~on, Thomas M~.                        P~e~t~e~rhans, Michael
                         Manuel. Juan                              Miller, John                             N~qks~&~4 Patrice                            Peterson, James
                         Marcu~ssen~, Murief                         Miller, T.E.                             Nis~qp~s~qt. An"                              Peterson, June
                         Marde~ql, Mary                              Millet. Mrs. ~qE~8qA                          No~qlt, Jon                                P~e~qm Andrea
                         Marguerite. Joseph                        ~4qm~qj~6qw~qk ~8qM~o~f ~j~qi                              Norris, 8~q9 N.                            Phillips, Diane
                         Marino, Gar"                              Mil~u~s~, Sue                               Norris~. Nancy                            Philips, Dolly
                         Marit~a~qm, Family                           ~8qM1~1~1~2q4 M~ari~qd~e                             Norton, Ad~ell~e                           Phillips~. Jesse
                         Martinez, Angelic                         Mingo, Laura                             Nov~qbakhtic, A.                           Philips. Jimmy Jr.
                         Marsh, Susan                              Mitchell~, ad                             C~qrNeil, L.M.W.                           Phillips, Jim
                         Marshall. Jeff                            ~2qM~o~nj~ara~s, ~qB~qf~qt~V~qiZ                         ~2qO~eh~t~w~n, Juan Jon                         Pike. Richard J.
                         ~8qM~ar~qt~qi~n~a~ql~, ~2qM~qy~U~qm~a                           M~onning, Elizabeth                       OH~ar~s. ~0q8 it                              Po~id~es~qta~. Jane
                         Martinez, Monica                          Moon, Patricia                           Ok~2qk~qk~aw~sk~qi~. Leah                          Pope" Paul
                         ~2qMar~t~u~s~, Marjorie                          Mom. Mkh~a~6qW                               ~6qO~2qw~qf~old~, Beverly                          P~o~qp~oka. Rebecca
                         Mattson, Phyllis                          Morah~. Molly                             O~ql~e~skl~, Nancy                            Popp. Elizabeth
                         M~ou~ql~e. Nancy                              Moran, Cara                              O~qlv~a, Mary Jeanne                        Parlor~, Ed
                         M~qa~i~ql~e, Nancy                              Moran, Janet                             O~qlv~e~qira, Yu~ql~2qf~2qt                           ~qP~o~n~er. Mary
                         may, Tom                                  Morgan. Donald                           Olmsted~, Jew                             P~o~6qW D~q*w~qWd C
                         Mayor, Kate                               Morris~, Dan                              Olson~. Marsha                            ~qPo~4qf~4qt~. Richard
                         Maya, ~2qu~s~e M.                              Morris, Marilyn                          Orrn~e, Derek                             Pow& ~qCar~a~ql
                         McBride, Lori E.                          M~qw~0q*~. Martha                              ~6qO~4qm~0qW Frank                                ~qP~.~0~1~0q9~q0 ~qC~a~r~n~6qf~6qt
                         McClain. Gloria                           Monte. Charles                           ~2qO~r~qt~o~ql~qm~, I ~M a                            ~2qA~q*~6qW. E~6qX
                         mc~qCo~qf~qfr~ay, K~or~r~qi                          Moos, ~qF~qich~ar~qd                            ~2qO~s~4qw~qm~. Jay ~qO~qL                             ~qPy~qw Laura
                         M~c~qC~r~ay. Thomas                            mou~qlu, Ly~qm                               ~2qO~w~qw~qk A~n~2q*~qm                                ~qc~hlil~a~8qw~. ~ lots-
                         M~c~qFar~qland~-~qBr~ow~n. Jan                      ~2qM~o~w~qbr~ay~. ~qi~6qd~qw                             OEM I- I ~2qW~.                              ~2qQuin~0qo~ti~ql~4qk Linda
                         M~cG~oe, Joseph                             m~e~eks~qy~qm~o~a~v~qic~4q& Alex                       P~OCIIII~S~. a"                             ~2qR~a~qb~8qK Cod
                         M~cG~qlashan, Chuck                          Mullion~. Juan"                           ~qF~6q"~4qk Ca~f~oli~n~e                             ~qP~A~2qW~W~2qW~S~, ~qV~a~n
                         McGowan, Brooke                           M~qu~2qf~2ql~qor~q, Frederick                        Paled~8q"~q. mass"                            R~qa~qd~qu~q, Mary
                         McGowan, Sh~qo~qfTy                           Murdoch. M~0qkh~qa~qel                          ~2qP~qa~2qt~qe~12qV~8q0~q6~q. Kathleen                        Row. Am~8qi~qs
                         McLoughlin, Marilyn D.                    ~12qMur~44qf~44qt~q, ~72qM~.~36q"                               P~qa~6qbr~8qa. Car~12qdin~qe                           R~qt~28qA
                         McMahon, D~8qi~qetr~qa                           ~12qM~qu~qf~qf~qa~2qy~q, Mario                            ~2qP~qe~qn~qco~8q"~2qt Me"                              R~8qwirz, JO~16qW
                         McNabb. Cynthia                           ~12qM~2qY~6qM~q. Gerald                              ~2qPar~qo~8qd~qo~qz, Big                             ~2qR~qe~qm~qsd~qa             SkIn~qey
                         M~qc~12qou~qs~8qm, Ned                               ~12qM~16qpr~qs~q. Sheryl                             P~qa~2qd~8qw. Bonnie                             Randal~q. M~qo~6qgh~qa~qm
                         M~qod~qer, Allen                              Nakagawa. ~8qN~qo~qok~qo                          ~8qP~qar~0qt~qi~qer~q, jam                             ~8qR~qe~qn~4qt~8ql~6qo. R~qon~qe
                                                                   ~0qm~qa~qg~4qk~qr~20q4 N~qon~qc~4qy                             Parker, S~8qw~quh                             ~2qR~qa~qw~4qm~q2~8qm~q. Gunner
                         Meeks~q, ~4qJ~qos~qe~qd~qe                                                                      P~qe~4qa~qm ~8q= , C~2qa~2qr~12qd An~qn                        ~2qp~qi~qe~q"~4qI~8qb ~00q*~2qD~qo~4qk~04q*~8qt A~qnn~qo~0ql~4qi~qe~qs
                         ~08qm~qs~4qt~qa~qr~qod~qe~qr~q, Lucile                         N~2qq~12qf~12qf~qa~qr~q. Robyn                            Payne~q. Bonnie                            Reader Stephanie
                         Malin, ~6qO~qen                                Nelson. ~20q&~08qk                                                                        p~8qa~qod~q. Cynthia
                         Melvin, Jay                               ~0qN~qe~4ql~qs~qa~qi ~q. Frances                         Payne, Richard


                         ~32qS~4q4
 











                                                                                    Table 5 cont. Individual Commentors


                                          Reibel, David                             Sabedo, Patricia                       Short, Harold                           Stewart, Sandie
                                          Reithknecht, Angie                        Salmon, Jean                           Short, Irene                            Still, Cas
                                          Renzel, Emily                             Sammel, Patrica                        Showers, Paul                           Storseth, Juhree
                                          Richards, Alice                           Samuel, George                         Silva, Nicole                           Strong, Craig
                                          Rick, David                               Samuelson, Ralph                       Silver, Daniel                          Strong, Robert
                                          Riegel, Lou                               Sanchez, Edgar                         Siners, Ella                            Stuart, Louise
                                          Riemer, Akola                             Sanchez, Rosurite                      Sing, Craha                             Swan, Salt
                                          Roberts, Ruth                             Sanchez, Salvador                      Skogen, Marion                          Swan, Wayne
                                          Roberts, Steve                            Sanders, Joyce                         Siegel, Shannon                         Synder, Helen
                                          Robertson, Mary                           Sanders, Rick D.                       Sloss, Anthony                          Szindi, George
                                          Robinson, Debbie                          Sanely, Leslie                         Smallem, Martin                         Taggarg, Thelma
                                          Rocha, Rose                               Sapper, Maya                           Smith, Celeste                          Taggart, Janet
                                          Rocka, Monica                             Sathrop, Emily                         Smith, Colleen                          Tanner, Felicia
                                          Rodreguez, Dalilah                        Saucedo, Silvia                        Smith, Evony                            Tenzing Norgay, Norbu
                                          Rodriguez, Esmeraida                      Saxon, Roberts                         Smith, Michael Vincent                  Tenzing Norgay, Terry
                                          Rodriguez. Patty                          Scalmanini, Stephen G.                 Smith, Virginia                         Tershy, Bernie
                                          Rodriguez, Robert                         Scarr, Dee                             Smyth, Ken                              Thelen, Dustin
                                          Rodriguez, Sonia                          Schanfsma, Jan                         Snyder, Silas S.                        Thelen, Joan
                                          Roo, Wayne                                Schaumann, Leif                        Solano, Connie                          Thelen, Joseph
                                          Rolander, Lori                            Schick, Debra                          Somers, Jane                            Thorn, Craig
                                          Rolski, Jessica                           Schiedeck, Jacqueline                  Sorci, Justin                           Thom Susan
                                          Rolthafel, Sydnee                         Schmidt, Carla Anne                    Spak, Margaret                          Thomas, Joseph
                                          Rooney, Chris                             Schorr, Andrew                         Spar, Camille                           Thomason, Elain R.
                                          Rosales, Dsael                            Schrechenberger, Eric                  Spencer, Joan                           Thompson, Katherine
                                          Rosenblum, Larry                          Schubart, Peter J.                     Spencer, Mark                           Thompson, Lucinda
                                          Rosenthal, David S.                       Schuetrum, Viola                       Spitzer, Cameron                        Thompson, Rosemary
                                          Roseulund, Isabelle                       Schuler, Dean                          Spotts, Richard                         Thoresen, Kitty
                                          Ross, Melissa                             Schwing, Franklin B.                   Spring, Robin                           Thrift, Richard
                                          Row, Bonnie                               Scott-Von der Muhll, Celia             Springshead, Erica                      Thrift, Jean
                                          Row, John                                 Seltridge, Nancy                       Staatz, Hillary                         Towers, Carol
                                          Rowe, Catherine                           Selkirk, Ronnie                        Sanford, Kate                           Towers, Jim
                                          Royce, Jonathan                           Selleck, Kim                           Stafford, Miloe                         Tonison, Nan
                                          Royce, Marjorie                           Sepulveda, Wilfredo                    Stallings, Faith                        Tooney, William Jr.
                                          Royce, Newton                             Servos, Kurt                           Stanley, Paul                           Torrey, Cristy
                                          Rugg, Barbara                             Sharp,  Tom                            Staub, Brenda                           Trejo, Judith
                                          Rush, Elizabeth                           Sharri, Franesco                       Steele, Paige                           Tuzzo, Salvatore
                                          Russel, Cindy                             Shaver, Frank                          Stein, Alan                             Vaca, Javier
                                          Russel, L. Marie                          Sheldon, Scott                         Steiner, Ellen                          Van Houton, James
                                          Russell, Cindy L.                         Shelton, Alan W.                       Stainle, Kathleen Ann                   Van Tyle, Eugenia
                                          Russell, Sharon                           Shepard, Barbaranne                    Sterddino, John                         Van Tyle, Louis
                                          Rustin, J.P.                              Sheradown, Sally                       Sterling, Marion                        VanBlaricorn, Glenn R.
                                          Ruth, Ferdinand                           Sherman, Michael                       Stetzel, Claudine H.                    Vanderwarf, Barbara
                                          Smith, Michael                            Shiraishi, Sheri                       Stewart, Bob                            VanderWarf, Bill




                                                                                                                                                                                        55
                                          
 











                                                           Table 5 cont. Individual Commentors


                       VanHoulten, Eleanor                  Willis, Linda
                       Vargas, David                        Wilson, Eileen
                       Vauncia, Rebecca                     Wilson, Joe
                       Vazquery, Michael                    Wilson, Randall
                       Velasca, Veronica                    Wilson, Vandenberg, Deb
                       Verdin, Torres                       Winslow, Patrica
                       Veronica, Claudia                    Wod, Irene
                       Verrou, Gloria                       Wood, Harold W.
                       Vialo, Elena                         Wooldridge, Diane
                       Vik, Laura                           Word, Airva
                       Vincent Kristina                     Wortiksa, George J.
                       Vitela, Steven                       Wright Virginia
                       Volenzuela, Matt                     Wright Annessah
                       Vondrak, Jane                        Wright David
                       Waage, Candace                       Wright Tina
                       Wagner, Amy                          Yancey, Barbara
                       Wahlier, Robert                      Yancey, James
                       Waldron, Helen                       Young, Brett
                       Walker, Candace                      Young, Caryl
                       Wallerg, Carol                       Young, Daniel
                       Walton, Ian                          Young, Dorthy E.
                       Weaver, Maggie                       Young, George
                       Weeks, Robert                        Young, Mary Ann
                       Wegrich, Mark                        Zachalev, William
                       Weimer, Marge                        Zarate, Lauria
                       Weingart, Kathleen                   Zaucha, Annie
                       Weinstein, Barbara                   Zavetti, Marilyn
                       Weir, Robert                         Zepede, Lorena
                       Weiss, Steve                         Zingale, Tom
                       Weiss, Connie                        Zite, Terrence
                       Weissman, Robert                     Zlatunich, Julie
                       Wendand, Ann                         Zunks, Sally
                       Westbrook, Charles
                       Westbrook, Natalie
                       Wett, Irving
                       Wilet, Beverly
                       Wilis, Janie
                       Wilkinson, Liza
                       Williams, Beverly W.
                       Williams, Gordon
                       Williams, Scott
                       Williams, Wendy
                       Willis, Catherine
 


                        56












                                                                                                                    NOAA COASTAL SERVICES CTR LIBRARY



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