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Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 Maria Brown, Superintendent Gulf of the Farallones National Marine Sanctuary

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Page 1: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

Tomales Bay Vessel Management Plan

California State Lands Commission Hearing, April 26, 2013

Maria Brown, Superintendent Gulf of the Farallones National Marine Sanctuary

Page 2: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N
Page 3: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

National Marine Sanctuaries and

The Tomales Bay Vessel Management Plan

1. Research – Partnerships with other agencies to monitor the health of Tomales Bay

2. Education – A plan to educate boaters

3. Stakeholder Engagement – A process that included a Working Group to advise on alternatives in the Plan

4. Volunteer Programs/Citizen Science program

5. Resource Protection – Address issues of concern

6. Regulations – A Plan consistent with Sanctuary regulations

Page 4: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N
Page 5: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

View of Tomales Bay from the North West

Page 6: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

Tomales Bay State, national, and

international protections and designations.

One of the most ecologically significant estuarine areas in the State of California.

Extensive recreational uses, especially during the summer.

State’s third largest commercial shellfish fisheries.

Page 7: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

Issues of Concern

Pathogen Impairment, Sewage discharge Discharges of fuel, oil and toxic materials Boat Grounding and Sinking events Wildlife Disturbance Invasive Species Vessel Mooring and Anchoring Impacts

Invasive Spartina

Harbor Seal Flush

Sunken Vessel

Page 8: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

Management Challenges

Eleven Agencies with Jurisdiction

Numerous Layers of Regulations

Several Existing Regulations not Enforced

Need for Coordination Among Agencies

Many Stakeholders are Affected

CALIFORNIA STATE LANDS COMMISSION

Page 9: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

V. IC meets to develop mooring criteria.

III. First survey of all vessels and moorings on the Bay

I. Tomales Bay listed impaired under CWA.

VI. Survey of all vessels and moorings on the Bay

II. Interagency Committee (IC) is regenerated

VII. Draft Scoping Document is Released

IV. GFNMS and SWRCB Conduct Boater Outreach

20062004-20072002 September 2004 May 2005

•SWQCB requested that GFNMS address the issue of vessel-caused discharges.•Illegal moorings become an issue.

•Membership grows to eleven state, federal and local agencies

•Elements of a mooring program are discussed.•IC determines that SLC and GFNMS should conduct public scoping.

•More vessels are found to be registered.• Derelict vessels are tagged.

December 2002

•Hosted two boater workshops to inform boaters about establishing a TMDL for the Bay.•Encouraged boater registration

•Dozens of vessels are found to be unregistered.• Over 150 moorings are recorded.

• Joint CSLC and GFNMS 90-day comment period is given to the public

August 2007

X. Enforcement Survey is conducted

XII. Mooring Anchor Test is Performed

XIV. IC reviews all WG Recommend-ations and gives feedback

IX. SAC Work Group (WG) Provides Input

XIII. Final Recommen-dations are given by Advisory Council.

VIII. Three Boater Workshops are held.

XI. Response to Public Comment Released

March 2008 - December 2009September 2009

•Mooring criteria is reviewed.

•GFNMS receives all public recommendations and proceeds to developing the Vessel Management Plan.

•Derelict vessels and new moorings are reported to NOAA Law Enforcement

December 2009

•A study of different types of mooring anchors is conducted.

• CSLC and GFNMS holds workshop for the public to learn about proposed mooring criteria, sewage services, & other scoping document elements

September - October 2007

•Form WG•10 meetings•9 issues•Recommendations to GFNMS SAC and CSLC

•IC conducts review and signoff •Uploaded to GFNMS website and sent to all workshop participants

December 2008 November 2008January 2010 -

May 2010

XX. Conduct NEPA/CEQA Review

XV. Letter of Intent to SLC, request formal agreement

XVII. Release Preliminary Draft VMP for IC Review

XVI. Develop Preliminary Draft VMP for SLC Review

XXII. Draft VMP EA/IS is released to Public

XIX. Select Preferred Tackle, lease program, finish grey papers

August 2012November 2010 –

July 2012March 2010September -

October 2010 October 2010

•Request to set up a a mooring lease program•Request for CEQA compliance with Plan

•Request written comments•Host final IC meeting to receive all feedback

•GFNMS prepare elements of tackle requirements•GFNMS and SLC determine format for lease system

•Signed GFNMS and CSLC LOI•GFNMS meets with NOAA tiger team and analyzes the preferred option.•SLC determines state consistency

•30 day comment period•One public hearing hosted by GFNMS and CSLC

•Draft Preferred Option selected•Request more information from SLC.

July 2010

XXII. Final VMP EA/IS Released

April 2013

•GFNMS and CSLC develop final draft for review

Page 10: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

Tomales Bay Vessel Management Plan, Environmental Assessment

and Initial Study (EA/IS)

CALIFORNIA STATE LANDS COMMISSION

Page 11: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

• Unless prohibited by a Sanctuary, all activities (fishing, boating, diving, etc.) may be conducted in a Sanctuary

• Each Sanctuary is designated with a broad scope of authority, after which there are site specific prohibitions.

• In order to protect its sensitive natural resources, GFNMS regulates certain activities within its boundaries on Tomales Bay:

Anchoring of boats in seagrass beds is prohibited

Discharge of materials is into the Bay is prohibited

Alteration of the seabed is prohibited

• The only way to allow a prohibited activity is to issue a permit.

Resource Protection within our Regulatory Framework: Prohibitions and Permits

CALIFORNIA STATE LANDS COMMISSION

Page 12: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

Protect public health and improve water quality

Protect habitat and decrease threats to wildlife

Ensure safe and enjoyable water-related recreation

TBVMP Goals and Objectives

CALIFORNIA STATE LANDS COMMISSION

Page 13: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

SCOPE OF THE PLANThe Plan reflects a multi-agency effort to streamline and coordinate future vessel-related activities, led by the Sanctuary and State Lands Commission

Intended outcome: a coordinated, collaborative plan that provides guidance to the public and agencies.

This plan does not establish any new legal authorities; none of the proposed actions will alter existing authorities or regulation of activities within Tomales Bay.

CALIFORNIA STATE LANDS COMMISSION

Page 14: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

SCOPE OF THE PLANThe Plan covers five categories of issues:

CALIFORNIA STATE LANDS COMMISSION

1. Sewage Services;

2. Oil and Bilge Services;

3. Vessel Mooring Program;

4. Boater Education and Outreach; and

5. Preventing the Introduction of Non-native Species.

Page 15: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

Tomales Bay Mooring Program

The Plan also includes a Mooring Program that provides a streamlined approach minimizing the time for permitting agency staff to process applications by addressing all lease requirements, including where moorings will be allowed, what types of equipment will be acceptable, and how the moorings should be installed, inspected, and maintained.

CALIFORNIA STATE LANDS COMMISSION

Page 16: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

Tomales Bay Mooring Exclusion Areas• Administrative Exclusion

Duck Cove to Tomales Point out to ¼ mile offshore. (Outside GFNMS/SLC jurisdiction)

• Protecting Wilderness, Open Space and Wildlife Areas within 300 feet of seal haulout areas Areas within 1000 feet of State Park Lands

• Protecting Habitat and Biota Seagrass beds

• Protecting Human Health and Safety Aquaculture leases Areas within 100 feet of swimming beaches Navigation channels

Page 17: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

• Numerous public comments were received on the DRAFT Vessel Management Plan

• Many comments were supportive, and had suggestions for improving the Plan

• The majority of comments fell under the following specific themes:

Mooring tackle and inspection requirements Financial costs to boaters Location of sewage services The public implementation process

Public Comments Received

CALIFORNIA STATE LANDS COMMISSION

Page 18: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

THANK YOU!

Page 19: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

Mooring tackle and inspection requirements:

Comment: Mooring tackle requirements being proposed in the draft TBVMP are not suitable for the Tomales Bay conditions and are experimental and unproven.

Resolution: Mooring tackle requirements from the Draft plan have been completely updated in the plan based upon public comment received.

Public Comments Received

CALIFORNIA STATE LANDS COMMISSION

Page 20: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

Mooring Costs:

Comment: Financial costs of required mooring tackle, mooring lease fees, and annual inspections will be prohibitive to many boaters.

Resolution: Mooring tackle requirements have been revised to allow for less costly traditional Tomales Bay mooring setup.

Public Comments Received

CALIFORNIA STATE LANDS COMMISSION

Page 21: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

Location of sewage services:

Comment: Comments were received suggesting Sacramento Landing as a specific site for a public sewage pumpout station.

Resolution: Sacramento Landing does not meet the public access criteria required for a pumpout station, other sites are being considered.

Public Comments Received

CALIFORNIA STATE LANDS COMMISSION

Page 22: Tomales Bay Vessel Management Plan California State Lands Commission Hearing, April 26, 2013 M ARIA B ROWN, S UPERINTENDENT G ULF OF THE F ARALLONES N

The public implementation process:

Comment: The TBVMP does not reflect involvement of and is not supported by the Tomales Bay community and local boaters.

Resolution: In addition to the extensive stakeholder input that went into the development of the TBVMP, additional efforts were made to engage the local community. A stakeholder workshop was convened on April 17th where recommendations on mooring requirements were provided to GFNMS and CSLC by local boaters with mooring expertise.

Public Comments Received

CALIFORNIA STATE LANDS COMMISSION